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BCC Agenda 02/27/2024 Item #17B (Ordinance - Amending the CLAAC to update the provisions related to wireless Communication facilities)
17.B 02/27/2024 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending the Collier County Land Development Code to update the provisions related to wireless communication facilities. [PL202300139661 (Second of two hearings) OBJECTIVE: To conduct the second of two hearings for a Land Development Code (LDC) amendment that updates the provisions related to wireless communication facilities and have the Board of County Commissioners (Board) adopt the proposed Ordinance. CONSIDERATIONS: On October 14, 1992, the Board adopted Ordinance No. 92-73, which included the first regulations for communications towers in the County. On January 24, 2023, the Board directed staff to develop amendments to the current LDC regulations for Communication Towers to promote a stronger wireless communication network throughout the County. Staff reviewed current statewide best practices, engaged with industry experts, and determined that the current provisions in the LDC for Communication Towers are outdated in relation to modern day industry practices. Wireless communication facilities are considered essential services. This LDC amendment modernizes the language and simplifies the application and review processes in an effort to allow for a stronger wireless communication network throughout the County. Substantial changes include but are not limited to the following: renaming "communication towers" to "wireless communication facilities" to include facilities that are not towers; providing definitions and establishing regulations for the various wireless communication facility types; updating permitted use and conditional use lists for Zoning Districts to allow for new wireless communication facilities; removal of shared tower requirements to instead encourage co -location by allowing increased heights; and reorganizing the section to allow for easier interpretation of the regulations. Corresponding cross-references are also added to various LDC sections to maintain consistency. Since this LDC amendment includes a proposed change to the list of permitted and conditional uses on lands that potentially can be greater than 10 acres, LDC section 10.03.06 K requires two Board hearings with at least one hearing held after 5:00 p.m. on a weekday. However, the Board may elect to conduct the hearing by a supermajority vote at another time of day. On December 12, 2023, the Board unanimously voted to waive the nighttime hearing and to hold two regularly scheduled daytime hearings instead. The Board approved the draft ordinance at the first hearing of two hearings on January 23, 2024. This executive summary now represents the second and final hearing for the proposed LDC amendment. DSAC RECOMMENDATION: On October 17, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC amendment, contingent upon the following: 1. Remove Footnote 2 from "50% of tower height" in Table 3 due to it being a scrivener's error (page 37, line 10). 2. Modify LDC section 5.05.09 F.2.g.iii. to include a three -foot -high continuous hedge requirement in addition to the existing landscaping and screening requirements (page 38, line 30). 3. Modify the wording of LDC section 5.05.09 F.3. c. to begin the sentence with "Rooftop mounted" to clarify the intent of the regulation (page 39, line 29). DSAC Recommendation: On November 1, 2023, the DSAC recommended approval of the LDC amendment, contingent upon the following: 1. Modify the wording of LDC section 5.05.09 C. to clarify the intent of the exemptions (page 31, line 25). Packet Pg. 1174 17.B 02/27/2024 2. Review the option of including a detailed explanation of the permitted, conditional use, and/or not permitted wireless communication facility types in the permitted use list for each Zoning District instead of referencing LDC section 5.05.09. 3. Ensure that the wording of LDC section 5.05.09 F.2. c. specifies the distance will be measured from the abutting property line and not an abutting structure (page 36, line 12). CCPC RECOMMENDATION: This LDC amendment was reviewed by the CCPC on Thursday, December 7, 2023, at 5:05 p.m. The CCPC unanimously recommended approval of the LDC amendment, contingent upon agreeing with staff's request to retain two provisions from the existing LDC, summarized as follows: 1. Modify LDC section 5.05.09 I. to include a requirement for all applications for proposed WCF that are greater than 150 feet in height to be sent to the Collier Mosquito Control District for their notification (page 41, line 37). 2. Modify LDC section 5.05.09 J. to include a requirement for inspection reports to be submitted to the County (page 42, line 17). There were no members of the public in opposition. FISCAL IMPACT: There are no anticipated fiscal impacts to the County, except for the cost of advertising an ordinance amending the LDC. The costs associated with processing and advertising the proposed LDC amendment are estimated at $2,016. Funds have been allocated within the Unincorporated Area General Fund (1011) and Comprehensive Planning Cost Center (138317). LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for Board adoption. (HFAC) GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. RECOMMENDATION: To adopt the proposed Ordinance to amend the Land Development Code to update the provisions related to wireless communication facilities. Prepared by: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division ATTACHMENT(S) [Linked] PL20230013966 - WCF Draft Ordinance (12-18-2023) (PDF) 2. [Linked] PL20230013966 - WCF LDCA (01-19-2024) (PDF) 3. [Linked] PL20230013966 - WCF Public Emails (PDF) 4. PL20230013966 - WCF NDN Ad (PDF) 5. legal ads - agenda ID 27713 (PDF) Packet Pg. 1175 17.B 02/27/2024 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 27713 Item Summary: Recommendation to adopt an Ordinance amending the Collier County Land Development Code, to update the provisions related to wireless communication facilities. [PL20230013966] (Second of two hearings) Meeting Date: 02/27/2024 Prepared by: Title: Planner, Principal — Zoning Name: Eric Johnson 01/23/2024 2:28 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 01/23/2024 2:28 PM Approved By: Review: Transportation Management Operations Support Evelyn Trimino Zoning Mike Bosi Division Director Growth Management Community Development Department Diane Lynch Operations & Regulatory Management Michael Stark Additional Reviewer Unknown Jaime Cook Additional Reviewer Growth Management Community Development Department James C French County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Heidi Ashton-Cicko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Additional Reviewer Completed 01/29/2024 3:11 PM Completed 01/30/2024 4:42 PM Department review Completed 02/01/2024 2:27 PM Completed 02/05/2024 5:31 PM Completed 02/13/2024 11:25 AM Growth Management Completed 02/13/2024 12:33 PM Completed 02/20/2024 11:39 AM Completed 02/20/2024 11:51 AM Completed 02/20/2024 2:51 PM Completed 02/20/2024 4:28 PM Completed 02/21/2024 8:29 AM 02/27/2024 9:00 AM Packet Pg. 1176 NAPLLI,:a(�i�di��,� �] 17.B.d WEDNESDAY, FEBRUARY 7, 2024 1 15A NOTICE 6F PUBLIC HEARING NOV(k OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on February 27, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE; WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ALLOW FOOD TRUCK PARKS IN THE COMMERCIAL INTERMEDIATE DISTRICT (C-3), GENERAL COMMERCIAL DISTRICT (6-4), HEAVY COMMERCIAL DISTRICT (C-5), BUSINESS PARK DISTRICT (BP), INDUSTRIAL DISTRICT (III, AND PUBLIC USE DISTRICT (P), AND ESTABLISHING REGULATIONS FOR MOBILE FOOD DISPENSING VEHICLES AND FOOD TRUCK PARKS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03104 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.05.04 PARKING SPACE REQUIREMENTS; AND CHAPTER FIVE - SUPPLEMENTAL STANDARDS, BY ADDINdA NEW SECTION 5.05.16 MOBILE FOOD DISPENSING VEHICLES AND FOOD TRUCK PARKS, SECTION FOUR, CONFLICT AND SEVERABILITY, SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL202200063731 vy ui uro prupusea uramance is on the with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/ our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline "specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. . i If you are a person with a disability who needs any accommodation in orderto participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Jennifer Hansen, Deputy Cleric (SEAL) ND-36638675 NOTOCE OF PUBLIC HEARING NOTICE OF INTENT TO CON&DER AN ORDINANCE Notice Is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9.00 A.M. on February 27, 2024, In the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamlaml Trail, Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO REVISE THE REGULATIONS RELATED TO WIRELESS COMMUNICATION FACILITIES, BY PROVIDING FOR SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 GENERAL PROVISIONS, INCLUDING SECTION 1.00.02 DEFINITIONS; CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, AND SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER FOUR SITE DESIGN AND .DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, AND SECTION 4.06.06 SSA DESIGNATION; AND CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.09 COMMUNICATIONS TOWERS; SECTION FOUR CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.[PL20230013966] --Fr I"'Pl— U1 U11 canon 16 Un nie wnu me uen(to the Board and Is available for inspection. All interested parties are Invited to attend and be heard. All persons wishing to speak on any agenda Item must register wfth the County Manager prior to presentation of the agenda Item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any Individual to speak on behalf of an organization or group Is encouraged. R recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an Rem. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing Initiative to encourage public Involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colllercountyf.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done In advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email In advance of the public hearing detailing how they can participate remotely In this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical Issues. For additional Information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfi.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings Is made, which record Includes the testimony and evidence upon which the appeal is based. R you are a person with a dlsabllity who needs any accommodation In order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing Impaired are available In the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Jennifer Hansen Deputy Clerk (SEAL) Packet Pg. 1177 D13 17.B.e NOTICE OF . NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice Is hereby given that a public hearing will be held by the Collier County Board Of County Commissioners (BCC) at 9:00 A.M. on Feftary 27, 2D24, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamlaml Trail, Naples FL to consider. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 13"1, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA, TO REVISE THE REGULATIONS RELATED TO WIRELESS COMMUNICATION FACILITIES, BY PROVIDING FOR SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 GENERAL PROLUSIONS, INCLUDING SECTION 1.06.02 DEFINITIONS; CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, AND SECTION 2.03.00 OPEN SPACE ZONING DISTRICTS; CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSCST DISTRICTS, SECTION 4,06.05 GENERAL LANDSCAPING REQUIREMENTS, AND SECTION 4,08.08 SSA DESIGNATION; AND CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.09 COMMUNICATIONS TOWERS; SECTION FOUR CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COWER cOUNTy LAND DEVELOPMENT CODE; AND SECTION SIX, FFFFCTIVF DATE. 171-202300139881 - A copy of the proposed Ordinance is on file with the Clerk to the Board and Is available for inspection. All Interested pates are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prlorto presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any Item. The selection of any individual to speak on behalf of an organization or group is encouraged. if recognized by the Chairman, a spokesperson for a group or organization may be ailotted ten (10) minutes to speak on an gem. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days poor to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public Involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. IndIvIduais who would like to participate remotely should register through the link provided within the specific event/meebng entry on the Calendar of Events on the County website at www.co8iercountyfi.goy/our-county/visdors/calendar-cf-events after the agenda Is posted on the County website. Registration should be done In advance of the public meeting, or any deadline specified wfdsin the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation Is provided as a courtesy and is at the user's disk. The County is not responsible for technical issues. For additional, information about the meeting, please call Geoffrey Wlllig at 252-8369 or email to Geoffray.Willlg®cdllercoun".gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is rased. O you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335Tamlaml Trail Fast, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the heading Impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Jennifer Hansen Deputy Clark (SE L) Packet Pg. 1178 17.B.e NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE 'Notice is hereby given that a public hearing will be held by the Collier County Board of Counh, Commissioners (BCC) at 9:00 AAM. on February 27, 2024, in the Board of County Commissioners meeting room, third floor. Collier Government Center. 31-99 East Tanian.i Trail,'Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY C"OMMISSIONERS OF COLLIER COUNTY, FLORIDA, A_MEINDING ORDINANCE NUNIBER 04-41, AS AMENDED, THE COLLIER C'QI;NTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO REVISE THE REGULATIONS RELATED TO WIRELESS C04I1IL?NICATION FACILITIES, BY PROVIDING FOR SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY A -MENDING THE FOLLOWING: CHAPTER 1 GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, AND SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01. DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, AND SECTION 4.08.06 SSA DESIGNATION; AND CHAPTER FIVE SIT PLE.MENTAL STANDARDS, INTCLUDING SEC`.TION 5.05.09 COMMUNICATIONS TOWERS; SECTION FOUR CONFLICT AND SEVERABILITY; SECTION FIFE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20230013966] (See map below) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection, till interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item trust register with the County Manager prior to presentation of the agenda item. to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or, group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item.. Written materials untended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely Packet Pg. 1179 17.B.e should register through the link provided within the specific evenvineeting entry on the Calendar of Events on the County wvebsite at n,wvwv.colliercoutityfl.gov `our -county visitors calendar -of -events after the agenda is posted on the County wvebsite. Registration should be done in advance of the public ineeting, or any deadline specified within the public meeting notice. Individuals who register will receive an entail in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey NI'illig at 252-8369 or entail to Geoffrey.Williz(&colliercourityil.gov. ,Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore. may deed to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disabilitywho needs any accomtnodation in order to participate in this proceeding, you are entitled. at no cost to you.. to the provision of certain. assi.statt.ce. Please contact the Collier County Facilities Management Division, located at 3335 Tatttiami Trail East, Suite 101, Naples, FL 34112-5356. (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing unpaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA CHRIS HALL. CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Jennifer Hansen Deputy Clerk (SEAL) M r ti Posted to notices.collierclerk.com on February 7, 2024. c R Clerk to the Board "' c rn Date: oZ i r'_' E 0 i.... Q Packet Pg. 1180 17.B.e A) r L) m a_ C 0 r 0 E E 0 U N N d L M r ti N M r ti N a Cu C 0 a1 R Packet Pg. 1181 DRAFT 12118123 ORDINANCE NO. 2024 — AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO REVISE THE REGULATIONS RELATED TO WIRELESS COMMUNICATION FACILITIES, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, AND SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, AND SECTION 4.08.06 SSA DESIGNATION; AND CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.09 COMMUNICATIONS TOWERS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20230013966] Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as Page l of 61 Words s*.,,,.v�= are deleted, words underlined are added DRAFT 12118123 amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on December 7, 2023, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on 2024, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. Page 2 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. Page 3 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 — DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 1.08.02 Definitions * * * * * * * * * * * * tower for nonnarabolin anionnas with small effe Gtiye radii * * * * * * * * * * * * * Wireless communication facilities: See all related definitions in LDC section 5.05.09. * * * * * * * * * * * * * Page 4 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 SUBSECTION 3.13. AMENDMENTS TO SECTION 2.01.03 - ESSENTIAL SERVICES Section 2.01.03, Essential Services, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.01.03 Essential Services A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 54. Electrical transmission and distribution lines, substations, and emergency power structures; -Remainder of list to be renumbered accordingly- 98. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to subsection 2.03.09 B.1.a.viii. H. Wireless communication facilities, limited to those providing wireless emergency telephone service, are considered an essential service and shall be permitted and subject to all applicable provisions in LDC section 5.05.09. Page 5 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.01 — AGRICULTURAL DISTRICTS Section 2.03.01, Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 Agricultural Districts A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. 7. Family care facilities, subject to section 5.05.04. 8. ('GMM UniGatiens towers up to spe Gified heigl Wireless communication facilities, subject to LDC section 5.05.09. 9. Essential services, as set forth in section 2.01.03. C. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. 12. Collection and transfer sites for resource recovery. 12. GoMMURReatien towers above—speGified height s-uljest t6 Section 143. Social and fraternal organizations. Page 6 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 -Remainder of list to be renumbered accordingly- 287. Ancillary plants. * * * * * * * * * * * * * B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). * * * * * * * * * * * * * C. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * * * * * * * 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply. 12. GenqmuniGatiGR tGWers 61 ^ W Spec-ified heights —Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * SUBSECTION 3.11). AMENDMENTS TO SECTION 2.03.02 — RESIDENTIAL ZONING DISTRICTS Section 2.03.02, Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.02 Residential Zoning Districts Page 7 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 A. Residential Single -Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single-family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). C. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00. 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 12. Wireless communication facilities. subiect to LDC section 5.05.09. B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-family-6 district (RMF-6) is to provide for single-family, two-family and multi -family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or convenient access to collector and arterial roads on the county major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of Page 8 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 the Collier County GMP. The maximum density permissible or permitted in the RMF-6 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF-6 district. * * * * * * * * * * * * * C. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 10. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 11. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential multi -family 12 district (RMF-12) is to provide lands for multiple -family residences having a mid - rise profile, generally surrounded by lower structures and open space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multi -family residences are permitted as conditional uses as long as they preserve and are compatible with the mid -rise multiple -family character of the district. The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-12 district (RMF-12). a. Permitted uses. * * * * * * * * * * * * * 6. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03 Page 9 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 7. Wireless communication facilities, subject to LDC section 5.05.09. D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple - family residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple -family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multi -family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-16 district (RMF-16). a. Permitted uses. 4. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 5. Wireless communication facilities, subject to LDC section 5.05.09. E. Residential Tourist District (RT). The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). a. Permitted uses. Townhouses subject to section 5.05.07. 6. Wireless communication facilities, subject to LDC section 5.05.09. Page 10 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 F. Village Residential District (VR). The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the village residential district (VR). a. Permitted uses. 6. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 7. Wireless communication facilities, subject to LDC section 5.05.09. G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide land for mobile homes and modular built homes, as defined in this Land Development Code, that are consistent and compatible with surrounding land uses. The MH District corresponds to and implements the urban mixed -use land use designation on the future land -use map of the Collier County GMP. The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the mobile home district (MH). a. Permitted uses. 5. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any Page 11 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 6. Wireless communication facilities, subject to LDC section 5.05.09. SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.03 — COMMERCIAL ZONING DISTRICTS Section 2.03.03, Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter -jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. 40. Travel agencies (4724, no other transportation services). 41. Wireless communication facilities. subiect to LDC section 5.05.09. 44-2. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities Page 12 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C- 2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 73. Wireless communication facilities, subject to LDC section 5.05.09. 7-34. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. -Remainder of list to be renumbered accordingly- 756. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. Page 13 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 93. Wireless communication facilities. subiect to LDC section 5.05.09. 9-4. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 945. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 9-6. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. Page 14 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 967. Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 97-8. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 27. Cable and other pay television services (4841) S—towers up to spedf+ed heigh+,suNeGt tO Sect'O 5.05.09. 130. Telegraph and other �message communications (4822) induding GGi;;y�NGatlons towers upp to spedffed height, subjee tO sec�+e; . 131. Telephone communications (4812 and 4813) ;^^� G6mm� �ni ions towers to speGified height, tO seGti6^ rrnTrarrrGa-trvrrsz 5.n� �°. Page 15 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 * * * * * * * * * * * * * 140. Wireless communication facilities. subiect to LDC section 5.05.09. 1401. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1442. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 1423. Any other general commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01.). 98. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers -retail). -Remainder of list to be renumbered accordingly- 2425. Veterinary services (0741 and 0742, with outside kenneling). * * * * * * * * * * * * * E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms Page 16 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. * * * * * * * * * * * * * 32. Cable and other pay television services (4841) cE6nM nMUROEati9� eweFs Up to SpeGified height, sLj'jeGt to SeE ieR 5.05.09. * * * * * * * * * * * * * 166. Telegraph and other message communications (4822)�Rg E rnm inoGatmenstowerc�spec+f+ed heigh4�eGt tO LDG seGtien 05 99 167. Telephone communications (4812 1 and 4813) �g GGMMUROGati9ns teweFs up te ` peGifFed heign+�ljeGt to LDG * * * * * * * * * * * * * 180. Welding repair (7692). 181. Wireless communication facilities. subiect to LDC section 5.05.09. 1842. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1823. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 1834. Any other heavy commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. Page 17 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 * * * * * * * * * * * * * C. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 5. CemmUnieafiORS (4812 4841) With GE)MMUniGatiORS tOWero +ham+ exeeedSpee+fied height, s bjeGt + seGtiGR 5.05. na -Remainder of list to be renumbered accordingly- 4,917. Veterinary services (0741 and 0742, without kenneling) * * * * * * * * * * * * * F. Travel Trailer -Recreational Vehicle Campground District (TTRVC). * * * * * * * * * * * * * 2. The following uses are permissible by right, or as accessory or conditional uses within the travel trailer -recreational vehicle campground district (TTRVC). a. Permitted uses. 1. Travel trailers, park model travel trailers, pickup coaches, motor homes and other recreational vehicles. 2. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.04 — INDUSTRIAL ZONING DISTRICTS Section 2.03.04, Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04 Industrial Zoning Districts A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. Page 18 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (1). a. Permitted uses. * * * * * * * * * * * * * 9. Communications (4812-4899 innli ilding gemmYninotiens towers * * * * k k k k 56. Wholesale trade —nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192-5199). 57. Wireless communication facilities, subject to LDC section 5.05.09. 578. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non -conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre -disaster condition. * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the industrial district (1), subject to the standards and procedures established in LDC section 10.08.00. 4. CommUnieatiORG (groups 4912 4899 ing'i 1 ding gemmUniGatiens towers that evneerd snegifierd heights su Nent to all requirements of sentien 5.05.09.). -Remainder of list to be renumbered accordingly- 2-524. Soup kitchen * * * * * * * * * * * * * B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high Page 19 of 61 Words stn,,.v�= are deleted, words underlined are added DRAFT 12118123 value added jobs. It is intended that the BP district be designed in an attractive park -like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban -industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: * * * * * * * * * * * * * 4. Communications (4812-4899 including wireless communications ems -facilities, limited Or height to 100 feet and subject to LDC section 5.05.09.). * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.05 — CIVIC AND INSTITUTIONAL ZONING DISTRICTS Section 2.03.05, Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.05 - Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. * * * * * * * * * * * * * 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. * * * * * * * * * * * * * 54. Education facilities. 65. Educational plants. 76. Essential public service facilities. Page 20 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 97. Fairgrounds. 98. Libraries. 409. Museums. 4410. Park and recreational service facilities. 4211. Parking facilities. 4312. Safety service facilities. 4413. Wireless communication facilities, subject to LDC section 5.05.09. 14. Any other public structures and uses which are comparable in nature with the list of permitted uses, and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * B. Community Facility District (CF). The purpose and intent of (CF) district is to implement the GMP by permitting nonresidential land uses as generally identified in the urban designation of the future land use element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water -related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended to insure compatibility with existing or future nearby residential development. The CF district is limited to properties within the urban mixed use land use designation as identified on the future land use map. 1. The following uses are permitted as of right, or as accessory or conditional uses, in the community facility district (CF). a. Permitted uses. * * * * * * * * * * * * * 9. Educational services (groups 8211-8231). 10. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 2.03.06 — PLANNED UNIT DEVELOPMENT DISTRICTS Section 2.03.06, Planned Unit Development Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.06 Planned Unit Development Districts Page 21 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 D. The following are permissible uses in the Research and Technology Park PUD: Identified Use Special Notes RTPPUD Or Regulation Accessory uses and structures 4.07.02 and P 5.03.00 * * * * * * * * * * * * * Communication groups 4812-4841 T Comma iniGatmen towers Wireless Communication 5.05.09 Facilities: 75 foot or loss in height P- More than 75 foot in hoinht `u Computer and data processing services, Computer T related services, not elsewhere classified * * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 2.03.07 — OVERLAY ZONING DISTRICTS Section 2.03.07, Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * F. Golden Gate Parkway Overlay District (GGPOD). * * * * * * * * * * * * * 6. Prohibited uses. These uses are prohibited, except that uses existing as of March 16, 2021 may continue to operate as a permitted use until the use ceases for a period of one year. This section does not apply to the uses allowed in the underlying zoning district. a. Prohibited uses in the GGPOD-AC and GGPOD-DT. xi. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. * * * * * * * * * * * * * Page 22 of 61 Words stn,,.v�= are deleted, words underlined are added DRAFT 12118123 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. a. Permitted uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this Subdistrict, and the following uses may be permitted as of right in this Subdistrict: Hotel and motels (7011) 2. GOMPRURiGatiOR towers Wireless communication facilities, as defined in LDC section 5.05.09, subject to the following: Such tower facilities +s are an essential service use as defined by subsection 2.01.03 A.4; and ii. Such tower facilities may not exceed a height of 75 feet above grade including any antennas attached thereto. b. Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this Subdistrict, and the following uses are permitted as of right in this Subdistrict: All uses allowed in the Commercial Professional District (C-1), of this Code, except for group 7521. 2. GGMMUROGatmenntewers Wireless communication facilities, as defined in LDC section 5.05.09 subject to the following: Such tower facilities is are an essential service use as defined by subsection 2.01.03 A.4; and ii. Such tower facilities may not exceed a height of 75 feet above grade including any antennas attached thereto. C. Prohibited uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited on properties with frontage on Main Street in between First Street and Ninth Street in the Main Street Overlay Subdistrict: * * * * * * * * * * * * * Page 23 of 61 Words sti-dev�= are deleted, words underlined are added 10 DRAFT 12118123 GernmuniGatmen towers Wireless communication facilities, as defined in LDC section 5.05.09 of this Code, except as otherwise permitted in this Subdistrict. d. Accessory uses. * * * * * * * * * * * 2. GGMMUROGatmen wersWireless communication facilities, as defined in LDC section 5.05.09 subject to the following: i. Such tewer facilities is are an essential service use as defined by subsection 2.01.03 AA.; and ii. Such tower facilities may not exceed a height of 75 feet above grade including any antennas attached thereto. e Conditional uses. 1. Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in LDC section 10.08.00 and as set forth below: i. Local and suburban passenger transportation (4131, 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. ii. Wireless communication facilities, as defined in LDC section 5.05.09 of this Code for essential service uses as defined by subsection 2.01.03 A.4 that exceed a height of 75 feet above grade including any antennas attached thereto. iii. The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict: * * * * * * * * * * i. Wireless communication facilities, as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict. * * * * * * * * * * * * * I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BZO" on the applicable official Collier County Zoning Atlas Map or map series. Page 24 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 * * * * * * * * * * * * * 4. Bayshore Zoning Overlay District (BZO) Subdistricts. * * * * * * * * * * * * * b. Use Categories and Table of Uses. * * * * * * * * * * * * * iii. Table of Uses. Table 1. Table of Uses for the BZO Subdistricts USE TYPE BZO SUBDISTRICTS ADDITIONAL RESIDENTIAL MIXED USE STANDARDS R1 R2 R3 R4 NC W * * * * * * * * * * * * * h) INFRASTRUCTURE 1) Automobile Parking Facilities CU 2 Boat Launch A 3 Essential Services P P P P P P 4 Marinas and Boatyards I P P 4.02.16 C.7. 5 Transit Station 6) Wireless Telee Communication Facilit ies 5.05.09 * * * * * * * * * * * * * N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * * 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. * * * * * * * * * * * * * b. Use Categories and Table of Uses. * * * * * * * * * * * * * iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts USE TYPE tRESOIDENTIAL SUBDISTRICTS ADDITIONAL MIXED STANDARDS USE Page 25 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 * * * * * * * * * * * * * h INFRASTRUCTURE 1 Automobile Parking Facilities P 2 Boat Launch 3 Essential Services P P 4 Marinas P 5 Transit Station CU F7 6) Wireless Te'8GCommunication Facilit ies CU 5.05.09 * * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 2.03.08 — RURAL FRINGE ZONING DISTRICTS Section 2.03.08, Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 - Rural Fringe Zoning Districts A. Rural Fringe Mixed -Use District (RFMU District). * * * * * * * * * * * * * 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in an applicable PUD. a. Outside rural villages. (3) Allowable Uses. * * * * * * * * * * * * * Page 26 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 (c) Conditional uses. The following uses are permissible as conditional uses subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * ix. In RFMU receiving lands other than those within the NBMO, earth mining and extraction. X. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * b. Rural villages. Rural villages, including rural villages within the NBMO, may be approved within the boundaries of RFMU receiving lands, subject to the following: (1) Allowable Uses: * * * * * * * * * * * * * (b) CONDITIONAL USES 1 through 5, 7, and 10 identified in section 2.03.08A.2.a.(3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD. * * * * * * * * * * * * * 3. Neutral lands. Neutral lands have been identified for limited semi -rural residential development. Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within neutral lands, the following standards shall apply: a. Allowable uses. The following uses are permitted as of right: (3) Conditional uses. The following uses are permissible as conditional uses subject to the standards and procedures established in LDC section 10.08.00. (k) Earth mining and extraction and related processing. (1) Wireless communication facilities, subject to LDC section 5.05.09. Page 27 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 * * * * * * * * * * * * * 4 RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: a. Allowable uses where TDR credits have not been severed. * * * * * * * * * * * b (3) Conditional uses. * * * * * * * * * * (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. (e) Wireless communication facilities, subject to LDC section 5.05.09. Allowable uses where TDR credits have been severed. * * * * * * * * * * (2) Conditional uses: * * * * * * * * * * (b) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non -environmental site development plan review procedures. Directional -drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable Page 28 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. (c) Wireless communication facilities, subject to LDC section 5.05.09. (d) Conditional use approval criteria: In addition to the criteria set forth in section 10.08.00 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU sending lands: SUBSECTION 3.J. AMENDMENTS TO SECTION 2.03.09 — OPEN SPACE ZONING DISTRICTS Section 2.03.09, Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.09 - Open Space Zoning Districts B. Conservation District "CON". The purpose and intent of the conservation district "CON" is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON district must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON District includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier -Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to require review of all development proposed within the CON District to ensure that the inherent value of the County's natural resources is not destroyed or unacceptably altered. The CON District corresponds to and implements the Page 29 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 conservation land use designation on the future land use map of the Collier County GMP. 1. Allowable uses. The following uses are allowed in the CON District. * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the CON, subject to the standards and procedures established in LDC section 10.08.00 and further subject to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. * * * * * * * * * * * * * 4. Staff housing in conjunction with safety service facilities and essential services. 5. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.01 — DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01, Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * * D. Exemptions and exclusions from design standards. 1. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts do not apply to infrastructure in support of the building, such as mechanical penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, cupolas, flagpoles, antennas, G^mm,,RiGatiORStowers wireless communication facilities, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances placed above the roof level and not intended for human occupancy or for commercial purposes as provided below: * * * * * * * * * * * * * Page 30 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.14— DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS Section 4.02.14, Design Standards for Development in the ST and ACSC-ST Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts * * * * * * * * * * * * * H. Exceptions from public hearing requirements. The County Manager or designee may administratively approve a site alteration plan or site development plan for land designated ST or ACSC-ST without the public hearing otherwise required by this section if: * * * * * * * * * * * * * 4. Site alteration or site development around existing GpmmUnination tewers wireless communication facilities to expand or construct accessory structures associated with an already existing tewer facility, not to exceed five acres. * * * * * * * * * * * * * SUBSECTION 3.L. AMENDMENTS TO SECTION 4.06.05 — GENERAL LANDSCAPING REQUIREMENTS Section 4.06.05, General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.05 - General Landscaping Requirements B. Landscaping requirements for industrial and commercial development. For projects subject to architectural design standards, see LDC section 5.05.08 F. for related provisions. * * * * * * * * * * * * * 2. Wireless Gcommunication tewersfacilities. See LDC section 5.05.09 for landscape requirements that are specific to wireless communication facilities. An 8 feet high, 100 perGent aFGhiteGtUrallyfinished opaque —`null MUSt cnroo�n the leGated en the outside of sUshcn wall. The hedge requiFemeRt must ais e be plant� around any ground level guy anGh-ei o The entire perimeter of this wall shall he ef m'n4mum code size trees leGated 25 feet eR GeRter and a 3 feet high hedge planted `Z feet ep renter Page 31 of 61 Words st.,,,.v�= are deleted, words underlined are added DRAFT 12118123 SUBSECTION 3.M. AMENDMENTS TO SECTION 4.08.06 — SSA DESIGNATION Section 4.08.06, SSA Designation, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.08.06 - SSA Designation B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one or more Land Use Layers are removed and that are designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses not expressly identified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated. 4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix set forth below. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have his/her land designated as an SSA determines how many of the Land Use Layers are to be removed from the designated lands. A Land Use Layer can only be removed in its entirety (all associated activities/land use are removed), and Layers shall be removed sequentially and cumulatively in the order listed below. Page 32 of 61 Words s*.,,,.v�= are deleted, words underlined are added DRAFT 12118123 b. Land Use Matrix Resident General Earth Recreatio Agricult Agricult Agricult Conser ial Land Conditional Mining nal Uses ure ure - ure vation, Uses Uses and Group 1 Support Group 2 Restor Process Uses ation ing and Uses Natural Resour ces * * * * * * * * * * * * * Residenti Wireless Earth Recreation Agricultur Agricultur Agricultur Essenti al Land Gcommunicatio Mining al Uses e Group e - e Group al Uses ns and 1 Support 2 services towe-Fsfacilities Processin Uses (P and (P)(CU) g Uses CU) * * * * * * * * * * * * * SUBSECTION 3.N. AMENDMENTS TO SECTION 5.05.09 — COMMUNICATIONS TOWERS Section 5.05.09, SSA Designation, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted in its entirety and replaced with text to read as follows: 5.05.09 — Communmoatmons Tow Wireless Communication Facilities A. Purpose and intent. The purpose and intent of this section is to regulate the siting, construction, and modification of wireless communication facilities in the unincorporated area of Collier County, to minimize adverse impacts to adjacent and nearby properties and to otherwise protect the public health, safety, and welfare, while accommodating the growing need for wireless communication services. B. Applicability. These regulations are applicable to wireless communication facilities, excluding those of a governmental entity where such facilities are utilized to provide intra-governmental communications not generally available to the public. C. Exemptions. The following are exempt from this Section: 1. Noncommercial freestanding and structure -mounted "receive only" antennas that receive direct broadcast satellite service or video programming services via multi - point distribution services, which are one meter or less in diameter in residential zoning districts and three meters or less in diameter in nonresidential zoning districts. These antennas shall meet all other requirements of the zoning district as set forth in the LDC. Page 33 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 Amateur radio antennas and any tower to support the antenna that is owned and operated by a federally licensed amateur radio station operator used exclusively for noncommercial purposes. 3. Any tower or antenna that is owned, operated, or licensed by the Federal Aviation Administration (FAA) and used exclusively for aircraft navigation (NAVAIDS). 4. Any antenna and any tower to support the antenna, not greater than 35 feet in height, and used exclusively as an accessory use to Essential Services. Wireless communication facilities within County Rights -of -Way as set forth in the Code of Laws and Ordinances, Chapter 110, Article V. Communications Facilities in the County Rights -of -Way. D. Definitions specific to LDC section 5.05.09. Alternative Tower Structure means manmade trees, clock towers, bell towers, steeples, light poles and similar alternative -design mounting structures that accommodate, camouflage, minimize, or conceal the presence of wireless communication facility equipment. This does not include existing structures erected for another primary purpose, but which subsequently have antennas attached to or located within them. without anv reconstruction of the oriainal structure. 2. Antenna means a transmitting and/or receiving device mounted on a tower, building, or structure and used in wireless communication services that radiates or captures electromagnetic waves, digital signal, analog signals, and radio frequencies. Antennas include, but are not limited to, directional antennas such as panel and microwave dish antennas, omni-directional antennas such as whips, radar antennas, amateur radio antennas, and satellite earth stations. 3. Rooftop or Building Mounted Facility means an antenna that is attached to an existing non -tower rooftop, structure, or building. The Facility includes all Support Facilities reaardless of where thev are located with respect to the antennas. 4. Search Radius Area means the limited area certified by the provider's Radio Frequency Engineer within which the proposed wireless communication facility needs to be located in order to resolve the provider's coverage and/or capacity issues in the surroundina area. There is not a standard numeric distance for a search radius, but instead the search radius for a particular site depends on many factors including, but not limited to, population to be served, geography, and topography. 5. Support Facilities means any on -site or off -site building, cabinet, or equipment enclosure that houses the electronics, backup power, power generators, and other freestanding equipment associated with the operation of a Wireless Communication Facility. 6. Temporary Wireless Communication Facility means any tower, pole, cell -on - wheels (COW), and/or tower -on -wheels antenna designed for use while a permanent wireless communication facilitv is under construction or Page 34 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 reconstruction, for a large scale special event or conference, or during a County declared emergency. 7. Tower means a structure that is desianed and constructed for the purpose of supporting one or more antennas, including but not limited to guyed towers, lattice towers, monopole towers, or alternative tower structures. Except for the abandonment and financial responsibility provisions contained in this section, the term shall not include a pole -attached antenna. 8. Tower, Guyed means a tower supported by one or more levels of braided or stranded steel guy cables that anchor to the ground. 9. Tower, Lattice means a freestanding and segmentally designed with rectangular or triangular base steel lattices. 10. Tower, Monopole means a single pole that can be a tubular section design or a formed, tapered pole. 11. Wireless Communication Facilitv (WCF) means anv eauipment or facilitv used to provide wireless communication services and may include, but is not limited to, antennas, alternative tower structures, guyed towers, lattice towers, monopoles, rooftop or building mounted facilities, and support facilities. Placing a wireless communication facility on an existing structure does not cause the existing structure to become a wireless communication facilitv. 12. Wireless Communication Facility Site or Site means the tracts of real property, either owned or leased, on which the wireless communication facility is located. 13. Wireless Communication Services means anv personal wireless services as defined in the Federal Telecommunications Act of 1996, including but not limited to cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. E. Table of allowable wireless communication facilities by zonina district. 1. Table 1. identifies the type of wireless communication facilitv and where it is allowed, either as permitted by right (P) or by Conditional Use (CU) approval. Conditional Uses shall require approval in accordance with the procedures set forth in LDC section 10.08.00. The term "NP" means the tower type is not permitted. Table 1. Allowable wireless communication facilities by zoning district. Alternative Rooftop or Zoning District Monopole' Lattice or Tower Building Mounted Guyed Structures' Antenna' P Agricultural E E CU2 Residential RSF-1 NP NP I CU ICU Page 35 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 RSF-2 NP NP CU CU RSF-3 NP NP CU CU RSF-4 NP NP CU CU RSF-5 NP NP CU CU RSF-6 NP NP CU CU RMF-6 NP NP CU CU RMF-12 NP NP CU P RMF-16 NP NP CU P RT CU NP CU P VR CU NP CU P MH CU NP CU P Commercial C-1 P P P P C-2 CC3 C-4 C-5 TTRVC NP P Industrial P 13P Civic and Institutional P CF P — Planned Unit PUD Pursuant to the applicable PUD Ordinance Development Rural Fringe RFMU CU Open Space CON CU Temporary Wireless Communication Facilities may be located in all zoning districts. 2 See LDC section 5.05.09 H. for additional standards specific to the Estates (E) zon rii(ztrir,f F. Design and development standards. General standards applicable to all types of wireless communication facilities. a. Any new WCF or modification to an existing WCF that requires both a Site Development Plan and building permit review may be processed concurrently but at the applicant's risk. b. Setbacks. Except as otherwise specified within this section, wireless communication facilities must satisfy the minimum setback requirements of the zoning district as set forth in the LDC, as well as the requirements of this section. C. Security. All wireless communication facilities and support facilities shall be secured to prevent public access. Page 36 of 61 Words s*.,,,.v�= are deleted, words underlined are added DRAFT 12118123 ii. Security lighting to protect on -ground facilities/equipment shall be fully shielded and directed away from neighboring properties. d. Signaqe. Signaqe must be provided that includes contact information for the WCF. Such signage must be viewable from the outside of the WCF. ii. No commercial signs or advertising shall be allowed. e. Emergency backup generators. An emergency backup generator is required to be operated on each wireless communication facility site. The Site Development Plan shall identity the location and connection for the emergency backup generator. Prohibition. No equipment or materials shall be stored or parked on the site of a wireless communications facility unless used in direct support for repairs of a facility. 2. Standards applicable to all towers. a. Co -location of antennas on towers. A tower owner shall Dermit other wireless communication service providers to co -locate facilities on a tower if space and structural capacity exists. However, co -location requirements shall not apply to towers or structures used as power transmission poles or structures owned or operated by Florida Power and Light or other power companies. ii. Towers shall be constructed to accommodate the minimum number of providers required per maximum facility height reauirement. as outlined in Table 2. b. Height limitations. Towers shall be subject to the height limitations outlined in Table 2. Table 2. Tower heiaht and co -location. Zoning District of Proposed Tower Minimum Number of Providers to Support Maximum Facility Height feet Agricultural One 100 Two 130 Three 185 Four 250 All other Zoning Districts One 100 Two 130 Three 185 Page 37 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 Lightning rods may exceed the height limitation provided the rods are no greater than 10 feet in length. C. Separation from off -site abutting uses. Towers shall be separated from abutting uses in conformance with the minimum distances specified in Table 3.. measured from the outside of the tower base to the property line of the abuttina use. Table 3. Tower separation requirements from off -site abutting uses Type of Facility Abutting Zoning District Minimum Separation Distance from Abutting Uses All Towers Residential or Estates Zoning 100% of tower height' All Other Zoning 50% of tower height Temporary Wireless Communication No restrictions None Facilit If an alternative tower structure is proposed, separation distances shall be reduced to 50% of tower height. d. Migratory birds and other wildlife considerations. i. Wireless communication facility towers. Each new tower that will exceed a height of 75 feet (above ground), but will not exceed a height of 199 feet above natural grade, shall not be guyed. ii. Bird diverter devices. Each guyed tower greater than 75 feet in height above natural grade, shall have installed and maintained bird diverter devices on each guy wire. Habitat loss. In addition to the reauirements in Chapter 3. towers and support facilities shall be designed, sited, and constructed to minimize habitat loss within the WCF site. At such sites, road access and fencing shall be designed and located to minimize on - site and adjacent habitat fragmentation and/or disturbances. e. Design. Towers, excluding alternative tower structures, shall maintain a galvanized gray finish or other approved compatible color, except as required by federal rules or regulations. f. Lighting. i. No signals, lights, or illumination on towers shall be permitted unless required by the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required the by FAA, the Page 38 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 alternatives chosen shall be the least obtrusive to the surround community. ii. Site lighting (not required by FAA) shall be elevated less than 20 feet above grade, fully shielded, and directed downward away from neighboring properties. q. Screening. i. Wireless communication facilities shall be screened with a wall or fence. The wall or fence shall be 100 percent opaque with a minimum heiaht of 8 feet and maximum heiaht of 10 feet. The wall or fence shall be designed to ensure that no unauthorized persons can access the facility. Barbed wire is not a permitted material. ii. Equipment cabinets. The overall height of ground -mounted eauioment or eauioment enclosure shall not exceed 12 feet. h. Landscaping. A minimum 10-foot wide Type A buffer that includes a I foot high, continuous hedge planted 3 feet on center along the outside perimeter of the wall or fence shall be required. Tree plantings within the buffer shall be 12 feet in height at time of planting. i. Existing, native vegetation on the subject site can be used to meet these screening requirements. If native vegetation is present but not dense enough to meet the requirements, supplemental landscaping must be used to meet the screening requirements. At the discretion of the County Manager or designee, some or all of these landscape buffering requirements may be displaced to a road right-of-way landscape buffer located within the parcel when it better screens the tower. Access and oarkina. Each wireless communication facilitv site shall have access from a paved or unpaved driveway or access easement. The driveway shall extend to an appropriate location on the premises to accommodate a vehicle to be parked at the facility for normal maintenance. One parking space shall be provided for each facility, and new towers exceeding 185 feet in height shall require a minimum of two parking spaces. 3. Standards applicable to all rooftop or building mounted facilities. a. Rooftop equipment shall not occupy more than 25 percent of the roof area and shall comply with the exterior building and site design standards. b. Height limitations. i. WCF located on a rooftop, structure, or building with a maximum roofline of 20 feet or greater (measured from the average natural Page 39 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 rade) shall be permitted to have a maximum heiaht of 20 feet above the maximum roofline. ii. WCF located on a building or structure with a maximum roofline less than 20 feet (measured from the average natural grade) shall be permitted to have a maximum heiaht eaual to the heiaht of the maximum roofline. iii. WCF that are proposed to exceed the height requirements, as provided herein, maV be approved as a deviating component through a Conditional Use request pursuant to LDC section 5.05.09 FA. Distance from RSF-1 throuah RSF-6. and RMF-6 zoning districts shall be additional criterion for Conditional Use approval. C. Rooftop mounted facilities shall be set back from the closest outer edge of the roof a distance of not less than 10 percent of the rooftop length and width. but not less than five feet. d. Antenna structures and dish type antennas shall use camouflage techniques that incorporate architectural treatment to conceal or screen their presence from public view through design to unobtrusively blend in aestheticallv with the surroundina environment. e. Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall. f. The design elements of the building (i.e., parapet wall, screen enclosures, other mechanical equipment) shall be used to screen the wireless communication facility. q. Co -location is not required for rooftop or building mounted facilities. Relief from design and development standards. An applicant requesting a Conditional Use may request a deviation from the design and development standards of this section as part of the Conditional Use request. Criteria for the deviation will be the criteria set forth in LDC section 10.08.00 D. G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the submittal of an application for a WCF located on County -owned lands while the lease agreement is pending; however, no development order shall be issued by the County until such agreement or lease has been fully executed. All terms and provisions of the agreement or lease shall be in a form that is acceptable to the CountV Attorney, including a release from the County of all liability regarding the WCF. 1. Height limitations for wireless communication facilities on property owned, leased, or otherwise controlled by public entities, including but not limited to federal, state, and/or County entities shall be as follows: a. Facilities that are 185 feet or less in height are a permitted use by right in all zonina districts. Page 40 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 b. Facilities that are greater than 185 feet in height shall require a Conditional Use. C. Facilities utilizing this exemption must meet all separation requirements of LDC section 5.05.09 F.2.c. and Airport Overlay regulations in the LDC. H. Wireless communication facilities in the Estates (E) Zoning District. Wireless communication facilities are allowed on parcels designated in the Urban or Rural Golden Gate Estates Sub -element in the Golden Gate Area Master Plan and are subject to the following: 1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector road. The wireless communication services provider has provided evidence that the service provider's search radius for the tower location requires placement of the tower in the Estates Zoning District to meet its coverage requirements and that the WCF cannot be co -located on an existina tower and provide the same aualitv service coverage. ication reauirements in addition to the reauirements of LDC section 10.02.00. 1. Supplemental tower application requirements. a. Evidence from a Radio Freauencv Enaineer that the proposed facilities cannot be installed on another structure in Collier County and shall be located at the proposed site to meet coverage requirements with a composite propagation study illustrating, graphically, existing, and proposed coverage in industry -accepted median received signal ranges. b. If co -location is not available. the applicant shall submit an affidavit statin that the applicant made diligent efforts for permission to install or co - locate the WCF on all existing support structures located within the search radius for the proposed tower. The applicant shall establish in the application that: they are unable to provide service at existing sites nearby; no other existing tower is available (including utility poles); and that no reasonable alternative technology can accommodate the WCF due to one or more of the followina factors: Insufficient heiaht to allow the WCF to function reasonablv in Parity with similar facilities; ii. Insufficient structural strength to support the WCF; iii. Insufficient space to allow the WCF to function effectively and reasonably in parity with similar equipment; iv. Resulting electromagnetic interference which cannot reasonably be corrected; Page 41 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 V. Unavailability of a reasonable leasing agreement; and/or vi. Other limiting factors. 2. Supplemental rooftop or building mounted facility application requirements. a. These facilities shall require a Site Development Plan approval, pursuant to LDC subsection 10.02.03 E or F. 3. A copy of each application for a WCF that is greater than 150 feet in height shall be supplied by the applicant to the Collier Mosquito Control District or designee. J. Inspections. 1. All auved towers exceedina 185 feet in heiaht shall be inspected every three years. All other towers shall be inspected every five years. Each inspection shall be conducted by a qualified professional engineer or other qualified professional inspector, and any inspector -recommended repairs and/or maintenance should be completed without unnecessary delay. At a minimum, each inspection shall include the following: a. Tower structure: Including bolts, loose, or damaged members, and signs of unusual stress or vibration. b. Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other signs of possible failure. C. Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition. d. Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any. For auved towers: Tower vertical alianment and auv wire tension (both required tension and present tension). 2. A copy of each inspection report shall be filed with the County Manager or designee no later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are reauired. a letter shall be submitted to the County Manager or designee to verify that such repairs and/or maintenance have been completed. The County shall have no responsibility under this section regarding such repairs and/or maintenance. M. Abandonment. 1. Collier County may require removal of any abandoned or unused wireless communications facility by the owner within 60 calendar days of confirming abandonment. A WCF shall be considered abandoned if use has been discontinued for 180 consecutive calendar days as determined by Collier County. Page 42 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 Where a WCF is abandoned but not removed within the specified timeframe, the County may remove it and place a lien on the property following procedures set forth in the Collier County Code of Laws and Ordinances, Article VI, Sec. 22-245. Where a WCF is utilized for other purposes, including but not limited to lighti standards and power poles, it shall not be considered abandoned if still bei maintained in good condition. 4. Where a WCF is removed by an owner, the owner shall restore the area to as good of a condition as prior to the placement of the facility, unless otherwise instructed by Collier County. Page 43 of 61 Words s*.,,,.v�= are deleted, words underlined are added DRAFT 12118123 Page 44 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 =MMI.-F.J.- - ** NO Page 45 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 41M IT 711111 NOW- pill Page 46 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 Page 47 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 Page 48 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 0-111 1010111 Page 49 of 61 Words str-u .vim= are deleted, words underlined are added DRAFT 12118123 .r. ■ ffflp lip L ��Sl7:StG1 V:7T,L!'T:�l1R:IL911. L'EI�.I�T�-ZVJrE�.'77.�.G'1. . r . r Jam. Page 50 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 Page 51 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 . .......... IN -„ -„ - - - Page 52 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 Page 53 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 Page 54 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 IN 111111 e Me Page 55 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 Page 56 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 Page 57 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 Page 58 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 Page 59 of 61 Words str-ti .vim= are deleted, words underlined are added DRAFT 12118123 Waxtinxinr Orn c�&nll �x,n Z!,nia-erna! wri+0 If fi-ani EN SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. Page 60 of 61 Words sti-dev�= are deleted, words underlined are added DRAFT 12118123 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/ 23-LDS-00284/86 .2024. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA la Chris Hall, Chairman Page 61 of 61 Words sti-dev�= are deleted, words underlined are added Co ter Coyvtty Growth Management Community Development Department LAND DEVELOPMENT CODE AMENDMENT PETITION PL20230013966 ORIGIN Board of County Commissioners (Board) SUMMARY OF AMENDMENT This amendment introduces comprehensive updates to the current provisions in the Land Development Code (LDC) related to communication towers. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). HEARING DATES LDC SECTION TO BE AMENDED Board 02/27/2024 1.08.02 Definitions 01/23/2024 2.01.03 Essential Services 12/12/2023 2.03.01 Agricultural Districts CCPC 12/07/2023 2.03.02 Residential Zoning Districts DSAC 11/01/2023 2.03.03 Commercial Zoning Districts DSAC-LDR 10/17/2023 2.03.04 Industrial Zoning Districts 2.03.05 Civic and Institutional Zoning Districts 2.03.06 Planned Unit Development Districts 2.03.07 Overlay Zoning Districts 2.03.08 Rural Fringe Zoning Districts 2.03.09 Open Space Zoning Districts 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 4.06.05 General Landscaping Requirements 4.08.06 SSA Designation 5.05.09 Communications Towers ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC Approval with Approval with Approval with recommendations recommendations recommendations BACKGROUND On October 14, 1992, the Board adopted Ordinance No. 92-73 which included the first regulations for communications towers in the County. On January 24, 2023, the Board directed staff to develop Amendments to the current LDC regulations for Communication Towers to promote a stronger wireless communication network throughout the County. Staff reviewed current statewide best practices, engaged with industry experts, and determined that the current provisions in the LDC for Communication Towers are outdated with modern day industry practices. Wireless communication facilities are considered essential services. This LDC amendment modernizes the language and simplifies the application and review processes in an effort to allow for a stronger wireless communication network throughout the County. Substantive changes include but are not limited to the following: renaming "communication towers" to "wireless communication facilities" to include facilities that are 1 G:\LDC AMENDMENTSWDVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19-2024).DOCX Co ter Coyvtty Growth Management Community Development Department not towers; providing definitions and establishing regulations for the various wireless communication facility types; updating permitted use and conditional use lists for Zoning Districts to allow for new wireless communication facilities; removal of shared tower requirements to instead encourage co -location by allowing increased heights; and reorganizing the section to allow for easier interpretation of the regulations. Corresponding cross-references are also added to various LDC sections to maintain consistency. DSAC-LDR Subcommittee Recommendation: On October 17, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC amendment, contingent upon the following: 1. Remove Footnote 2 from "50% of tower height" in Table 3 due to it being a scrivener's error (page 37, line 10). 2. Modify LDC section 5.05.09 F.2.g.iii., to include a three -foot -high continuous hedge requirement in addition to the existing landscaping and screening requirements (page 38, line 30). 3. Modify the wording of LDC section 5.05.09 F.3.c., to begin the sentence with "Rooftop mounted" to clarify the intent of the regulation (page 39, line 29). DSAC Recommendation: On November 1, 2023, the DSAC recommended approval of the LDC amendment, contingent upon the following: 1. Modify the wording of LDC section 5.05.09 C., to clarify the intent of the exemptions (page 31, line 25). 2. Review the option of including a detailed explanation of the permitted, conditional use, and/or not permitted wireless communication facility types into the permitted use list for each Zoning District, as opposed to referencing LDC section 5.05.09. 3. Ensure that the wording of LDC section 5.05.09 F.2.c., specifies the distance will be measured from the abutting property line and not an abutting structure (page 36, line 12). CCPC Recommendation: On December 7, 2023, the CCPC recommended approval of the LDC amendment, contingent upon supporting staff s request to retain two existing provisions from the LDC, as follows: 1. Modify LDC section 5.05.09 I., to include a requirement for all applications for proposed WCF that are greater than 150 feet in height to be sent to the Collier Mosquito Control District for their notification (page 41, line 37). 2. Modify LDC section 5.05.09 J., to include a requirement for inspection reports to be submitted to the County (page 42, line 17). FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts to the County associated with this amendment. The amendment may have fiscal impacts on property owners who will now be eligible to apply for approval of a wireless communication facilitv. EXHIBITS: Public Email. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. 2 G:\LDC AMENDMENTSWDVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19-2024).DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Amend the LDC as follows: 1.08.02 — Definitions Wireless communication facilities: See all related definitions in LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.01.03 - Essential Services * * * * * * * * * * * * * A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: * * * * * * * * * * * * * r' PFE)iidiRg eiFe1eGG �McFgeRGY � "NhERe GeP.i �bjeGtW all appr''rGabrle P FE)VisiGRS in se GtiOR r. 05 09 of this Code. 54. Electrical transmission and distribution lines, substations, and emergency power structures; -Remainder of list to be renumbered accordingly- 98. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to subsection 2.03.09 13.1.a.viii. * * * * * * * * * * * * * 3 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 H. Wireless communication facilities, limited to those providing wireless emergency telephone service, are considered an essential service and shall be permitted and subject to all applicable provisions in LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.01 - Agricultural Districts. A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. 7. Family care facilities, subject to section 5.05.04. 8 Gernmi iniGations towers Lip W SpeGified heig4 Wireless communication facilities, subject to LDC section 5.05.09. 9. Essential services, as set forth in section 2.01.03. C. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. ld G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 12. Collection and transfer sites for resource recovery. 143. Social and fraternal organizations. -Remainder of list to be renumbered accordingly- 297. Ancillary plants. * * * * * * * * * * * * * B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). * * * * * * * * * * * * C. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * * * * * 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply. 12. G icatiOR towers up W Spesmed he+ghts--Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * 5 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 # # # # # # # # # # # # # 2.03.02 Residential Zoning Districts A. Residential Single -Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single- family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. * * * * * * * * * * * * 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). * * * * * * * * * * * * C. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 12. Wireless communication facilities. subiect to LDC section 5.05.09. * * * * * * * * * * * * X G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi- family-6 district (RMF-6) is to provide for single-family, two-family and multi -family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or convenient access to collector and arterial roads on the county major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-6 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF-6 district. C. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in LDC section 10.08.00. 10. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 11. Wireless communication facilities, subject to LDC section 5.05.09. C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential multi -family 12 district (RMF-12) is to provide lands for multiple -family residences having a mid -rise profile, generally surrounded by lower structures and open space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multi -family residences are permitted as conditional uses as long as they preserve and are compatible with the mid - rise multiple -family character of the district. The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 district shall not exceed the density permissible 7 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-12 district (RMF-12). a. Permitted uses. 6. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03 7. Wireless communication facilities. subiect to LDC section 5.05.09. D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple - family residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple -family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multi -family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-16 district (RMF-16). a. Permitted uses. 4. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 5. Wireless communication facilities, subject to LDC section 5.05.09. A G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 E. Residential Tourist District (RT). The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). a. Permitted uses. 5. Townhouses subject to section 5.05.07. 6. Wireless communication facilities. subiect to LDC section 5.05.09. F. Village Residential District (VR). The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the village residential district (VR). a. Permitted uses. 6. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 7. Wireless communication facilities, subject to LDC section 5.05.09. 9 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide land for mobile homes and modular built homes, as defined in this Land Development Code, that are consistent and compatible with surrounding land uses. The MH District corresponds to and implements the urban mixed -use land use designation on the future land -use map of the Collier County GMP. The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the mobile home district (MH). a. Permitted uses. 5. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 6. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter -jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. 10 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Housing may also be a component of this district as provided for through conditional use approval. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. 40. Travel agencies (4724, no other transportation services). 41. Wireless communication facilities, subject to LDC section 5.05.09. 442. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are 11 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 73. Wireless communication facilities. subiect to LDC section 5.05.09. 734. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. -Remainder of list to be renumbered accordingly- 756. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are 12 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 93. Wireless communication facilities. subiect to LDC section 5.05.09. 934. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 945. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 9-6. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 967. Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 978. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, 13 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. * * * * * * * * * * * * * 27. Cable and other pay television services (4841) GOMMURiGatiORS-teweFs�;pecif+ed height, ^, bjeGt t9 GeGti„n 5.05.09. * * * * * * * * * * * * * 130. Telegraph and other message communications (4822) ;"gig Gem ,TGa+�s t9WeF6 up te specified height, subjeGt tE) se 5.05 09. 131. Telephone communications (4812 and 4813) �g EemrR ini t!GRS hewers � p to speGified height, Gt tO co ffin rrnTrarrrEarrvrrszvvv" � " `" Y ccrrr Tr" � J' � ccrc��c vrr 5.05.09. * * * * * * * * * * * * * 140. Wireless communication facilities. subiect to LDC section 5.05.09. 1401. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1442. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 14 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 1423. Any other general commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. C. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in LDC section 10.08.00. 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01.). 98. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers -retail). -Remainder of list to be renumbered accordingly- 2-4. Veterinary services (0741 and 0742, with outside kenneling). E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). 15 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX I a. Permitted uses. 2 3 4 5 32. Cable and other pay television services (4841) �g 6 GeMMURriGa+�s tHers-uP 49-epesmed height, su;jest tO See}� 7 9. 8 9 10 11 166. Telegraph and other message communications (4822) inrlg 12 GeRqMWRriGa+�s +Weis 61P tG Specified height, subjeGt to 13 seGtiGR 5.0570.0. 14 15 167. Telephone communications (4812 and 4813) 16 riGa#ienstewersup te sFee+f+ed height, subjeGt tE)L� 17 seGtiGR F 05709. 18 19 20 21 180. Welding repair (7692). 22 23 181. Wireless communication facilities, subject to LDC section 5.05.09. 24 25 1842. Any use which was permissible under the prior General Retail 26 Commercial (GRC) zoning district, as identified by Zoning 27 Ordinance adopted October 8, 1974, and which was lawfully 28 existing prior to the adoption of this Code. 29 30 1823. Any other commercial use or professional services which is 31 comparable in nature with the foregoing uses including those that 32 exclusively serve the administrative as opposed to the operational 33 functions of a business and are purely associated with activities 34 conducted in an office. 35 36 1834. Any other heavy commercial use which is comparable in nature with 37 the list of permitted uses and consistent with the purpose and intent 38 statement of the district, as determined by the Hearing Examiner or 39 CCPC, pursuant to LDC section 10.02.06 K. 40 41 42 43 C. Conditional uses. The following uses are permissible as conditional uses 44 in the heavy commercial district (C-5), subject to the standards and 45 procedures established in LDC section 10.08.00. 46 47 48 16 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 5. GGF FnI ,ni ti^n�c (481 7 il/1 Q '1 ) mmL 1nina�nc ��ors c. �vrrn�-rarTrC-a• �v-r�TVT-r`�"°,�Tth �rrmTcrrrrccr rra cra mc�c eXGeedspee+f+ed height, . 56. Farm product raw materials (5153-5159). -Remainder of list to be renumbered accordingly- 1748. Veterinary services (0741 & 0742, with outdoor kenneling). * * * * * * * * * * * * * F. Travel Trailer -Recreational Vehicle Campground District (TTRVC). * * * * * * * * * * * * * 2. The following uses are permissible by right, or as accessory or conditional uses within the travel trailer -recreational vehicle campground district (TTRVC). a. Permitted uses. 1. Travel trailers, park model travel trailers, pickup coaches, motor homes and other recreational vehicles. 2. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.04 Industrial Zoning Districts A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (1). a. Permitted uses. 9. Communications (4812-4899 innli,.jinn G n m iniGatiens towers 17 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 c 56. Wholesale trade —nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192-5199). 57. Wireless communication facilities, subject to LDC section 5.05.09. 578. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non- conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre -disaster condition. * * * * * * * * * * Conditional uses. The following uses are permitted as conditional uses in the industrial district (1), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * 4. ernmuniGations (g Fe ips 4912 4899 innli ding n9mmiiniGati�nc towe Fs that eXGee -! speGified heights s bjeGt to all Feq iiFemeRtG ref se Gtien 5.05.09.). 45. Electric, gas, and sanitary services (4911-4971). -Remainder of list to be renumbered accordingly- 2425. Soup kitchens. * * * * * * * * * * B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park -like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, 18 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 urban commercial, and urban -industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: * * * * * * * * * * * * * 4. Communications (4812-4899 including wireless communications towers facilities, limited in height to 100 foot and subject to LDC section 5.05.09.). * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.05 - Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. * * * * * * * * * * * * * 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. * * * * * * * * * * * * * 4. O URiGatien towers. Education facilities. 54. 65. Educational plants. 76. Essential public service facilities. 87. Fairgrounds. 98. Libraries. 19 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4-09. Museums. 4410. Park and recreational service facilities. 4211. Parking facilities. 4312. Safety service facilities. 4413. Wireless communication facilities, subject to LDC section 5.05.09. 14. Any other public structures and uses which are comparable in nature with the list of permitted uses, and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * B. Community Facility District (CF). The purpose and intent of (CF) district is to implement the GMP by permitting nonresidential land uses as generally identified in the urban designation of the future land use element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water -related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended to insure compatibility with existing or future nearby residential development. The CF district is limited to properties within the urban mixed use land use designation as identified on the future land use map. 1. The following uses are permitted as of right, or as accessory or conditional uses, in the community facility district (CF). a. Permitted uses. * * * * * * * * * * * * * 9. Educational services (groups 8211-8231). 10. Wireless communication facilities. subiect to LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.06 Planned Unit Development Districts * * * * * * * * * * * * * D. The following are permissible uses in the Research and Technology Park PUD: Identified Use Special Notes RTPPUD Or Regulation 20 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX Accessory uses and structures 4.07.02 and P 5.03.00 1 2 Communication groups 4812-4841 T , /lmml1RiGa#,„r, towers Wireless Communication 5.05.09 Facilities: 75 feet or loss OR heigl # b��P u Computer and data processing services, Computer T related services, not elsewhere classified 3 4 5 # # # # # # # # # # # # # 6 7 2.03.07 Overlay Zoning Districts 8 9 10 11 F. Golden Gate Parkway Overlay District (GGPOD). 12 13 14 15 6. Prohibited uses. These uses are prohibited, except that uses existing as of March 16 16, 2021 may continue to operate as a permitted use until the use ceases for a 17 period of one year. This section does not apply to the uses allowed in the 18 underlying zoning district. 19 20 a. Prohibited uses in the GGPOD-AC and GGPOD-DT. 21 22 A. Gemm„n!Gati R towers Wireless communication facilities, subject 23 to LDC section 5.05.09. 24 25 26 27 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 28 distinct subdistricts for the purpose of establishing development criteria suitable for the 29 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 30 Urban Overlay District are delineated on the maps below. 31 32 33 34 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in 35 the Immokalee Area Master Plan; referenced on Map 7; and further identified by 36 the designation "MSOSD" on the applicable official Collier County Zoning Atlas 37 Maps. The purpose of this designation is to encourage development and 21 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. a. Permitted uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this Subdistrict, and the following uses may be permitted as of right in this Subdistrict: Hotel and motels (7011) 2. GOMMURiGatiOR tewers Wireless communication facilities, as defined in LDC section 5.05.09, subject to the following: i. Such facilities are tower an essential service use as defined by subsection 2.01.03 A.4; and ii. Such facilities tower may not exceed a height of 75 feet above grade including any antennas attached thereto. b. Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this Subdistrict, and the following uses are permitted as of right in this Subdistrict: All uses allowed in the Commercial Professional District (C-1), of this Code, except for group 7521. 2. GernmuniGatmen tower Wireless communication facilities, as defined in LDC section 5.05.09 subject to the following: Such facilities are +^�%e an essential service use as defined by subsection 2.01.03 A.4; and ii. Such facilities tower may not exceed a height of 75 feet above grade including any antennas attached thereto. C. Prohibited uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited on properties with frontage on Main Street in between First Street and Ninth Street in the Main Street Overlay Subdistrict: * * * * * * * * * * * * * 10. GernmuniGatmen towers Wireless communication facilities, as defined in LDC section 5.05.09 of this Code, except as otherwise permitted in this Subdistrict. 22 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 d. Accessory uses. 5 6 7 8 2. GGITIMURiGatiOR towers Wireless communication facilities, as 9 defined in LDC section 5.05.09 subject to the following: 10 11 i. Such facilities are +^��s is an essential service use as 12 defined by subsection 2.01.03 AA.; and 13 14 ii. Such facilities tower may not exceed a height of 75 feet 15 above grade including any antennas attached thereto. 16 17 e. Conditional uses. 18 19 1. Conditional uses of the underlying zoning districts contained within 20 the subdistrict, subject to the standards and procedures established 21 in LDC section 10.08.00 and as set forth below: 22 23 i. Local and suburban passenger transportation (4131, 4173) 24 located upon commercially zoned properties within the Main 25 Street Overlay Subdistrict. 26 27 II. GOMMURiGatiOR tewors Wireless communication facilities, 28 as defined in LDC section 5.05.09 of this Code for essential 29 service uses as defined by subsection 2.01.03 A.4 that 30 exceed a height of 75 feet above grade including any 31 antennas attached thereto. 32 33 iii. The following conditional uses may be permitted only on 34 properties with frontage on North First Street, South First 35 Street, and North Ninth Street within the Main Street Overlay 36 Subdistrict: 37 38 39 40 i. G„ieation towers Wireless communication 41 facilities, as defined in LDC section 5.05.09, except 42 as otherwise permitted in this Subdistrict. 43 44 45 46 I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the 47 properties adjacent to Bayshore Drive as identified by the designation "BZO" on the 48 applicable official Collier County Zoning Atlas Map or map series. 23 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX I 2 3 4 4. Bayshore Zoning Overlay District (BZO) Subdistricts. 5 6 7 8 b. Use Categories and Table of Uses. 9 10 11 12 iii. Table of Uses. Table 1. Table of Uses for the BZO Subdistricts 13 14 15 16 USE TYPE BZO SUBDISTRICTS ADDITIONAL RESIDENTIAL MIXED STANDARDS USE R1 R2 R3 I R4 NC JW h INFRASTRUCTURE 1) Automobile Parking Facilities CU 2 Boat Launch A 3 Essential Services P P P P P P 4 Marinas and Boatyards P P 4.02.16 C.7. 5 Transit Station 6) Wireless Telee Communication Facilit ies 5.05.09 17 18 19 20 N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 21 conditions for the properties in and adjacent to the Gateway Triangle as identified by the 22 designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 23 series. 24 25 26 27 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 28 29 30 31 b. Use Categories and Table of Uses. 32 33 34 24 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts USE TYPE GTZO SUBDISTRICTS ADDITIONAL LRESIDENTIAL MIXED STANDARDS USE * * * * * * * * * * * * * h INFRASTRUCTURE 1 Automobile Parking Facilities P 2 Boat Launch 3 Essential Services P P 4 Marinas P 5 Transit Station CU 6) Wireless TelesCommunication Facilit ies CU 5.05.09 2.03.08 - Rural Fringe Zoning Districts A. Rural Fringe Mixed -Use District (RFMU District). 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in an applicable PUD. a. Outside rural villages. * * * * * * * * * * * * * (3) Allowable Uses. 25 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 (c) Conditional uses. The following uses are permissible 4 as conditional uses subject to the standards and 5 procedures established in LDC section 10.08.00. 6 7 8 9 ix. In RFMU receiving lands other than those within the 10 NBMO, earth mining and extraction. 11 12 X. Wireless communication facilities, subject to LDC 13 section 5.05.09. 14 15 16 17 b. Rural villages. Rural villages, including rural villages within the NBMO, may 18 be approved within the boundaries of RFMU receiving lands, subject to the 19 following: 20 21 (1) Allowable Uses: 22 23 24 25 (b) CONDITIONAL USES 1 through 5,-apd 7, and 10 identified 26 in section 2.03.08A.2.a.(3)(c), when specifically identified in, 27 and approved as part of a RURAL VILLAGE PUD. 28 29 30 31 3. Neutral lands. Neutral lands have been identified for limited semi -rural 32 residential development. Available data indicates that neutral lands have a higher 33 ratio of native vegetation, and thus higher habitat values, than lands designated 34 as RFMU receiving lands, but these values do not approach those of RFMU 35 sending lands. Therefore, these lands are appropriate for limited development, if 36 such development is directed away from existing native vegetation and habitat. 37 Within neutral lands, the following standards shall apply: 38 39 a. Allowable uses. The following uses are permitted as of right: 40 41 42 43 (3) Conditional uses. The following uses are permissible as conditional 44 uses subject to the standards and procedures established in 45 LDC section 10.08.00. 46 47 48 26 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (k) Earth mining and extraction and related processing. (1) Wireless communication facilities, subject to LDC section 5.05.09. 4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in LDC section 2.03.07 DA.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: a. Allowable uses where TDR credits have not been severed. * * * * * * * * * * * * * b (3) Conditional uses. * * * * * * * * * * (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. (e) Wireless communication facilities, subject to LDC section 5.05.09. Allowable uses where TDR credits have been severed. * * * * * * * * * * (2) Conditional uses: * * * * * * * * * * (b) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non -environmental site development plan review procedures. Directional -drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be 0% G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. c) Wireless communication facilities, subject to LDC section 5.05.09. (sd) Conditional use approval criteria: In addition to the criteria set forth in section 10.08.00 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU sending lands: # # # # # # # # # # # # # 2.03.09 - Open Space Zoning Districts B. Conservation District "CON". The purpose and intent of the conservation district "CON" is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON district must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON District includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier -Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to require review of all development proposed within the CON District to ensure that the inherent value of the County's natural resources is not destroyed or unacceptably altered. The CON District corresponds to and implements the conservation land use designation on the future land use map of the Collier County GMP. * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the CON, subject to the standards and procedures established in LDC section 10.08.00 and further subject to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. * * * * * * * * * * * * * 4. Staff housing in conjunction with safety service facilities and essential services. 5. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts D. Exemptions and exclusions from design standards. 1. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts do not apply to infrastructure in support of the building, such as mechanical penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, cupolas, flagpoles, antennas, Gnmm, �niGations towers wireless communication facilities, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances placed above the roof level and not intended for human occupancy or for commercial purposes as provided below: * * * * * * * * * * * * * # # # # # # # # # # # # # 29 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts * * * * * * * * * * * * * H. Exceptions from public hearing requirements. The County Manager or designee may administratively approve a site alteration plan or site development plan for land designated ST or ACSC-ST without the public hearing otherwise required by this section if: * * * * * * * * * * * * * 4. Site alteration or site development around existing nemmi ininatien towers wireless communication facilities to expand or construct accessory structures associated with an already existing tearer facility, not to exceed five acres. * * * * * * * * * * * * * # # # # # # # # # # # # # 4.06.05 - General Landscaping Requirements * * * * * * * * * * * * * B. Landscaping requirements for industrial and commercial development. For projects subject to architectural design standards, see LDC section 5.05.08 F. for related provisions. * * * * * * * * * * * * * 2. Wireless Scommunication tewe�sfacilities. See LDC section 5.05.09 for landscape requirements that are specific to wireless communication facilities. An Q-feet hinh that surrr�? Per h�eIn addition, landi?Ganinn mst he IOGated ewe nh wall The hedge requirement must `see beplantedaM i Y grEwRd level guy aRGhE)FS. The perimeter ef this wall shall be landSGaped in `'`'let least ene of the felle��ring ways so as to provide the equivalent of minima im Godethefellewin��n ways so astnproyidetheegi�i���lent of miniMLIM Gode size tree��F.ated 25 feet on ceRter and a 3 feet high hedge nlaRted '_feet enfeet high 3 feet en 30 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 * * * * * * * * * * * * * # # # # # # # # # # # # # 4.08.06 - SSA Designation * * * * * * * * * * * * * B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one or more Land Use Layers are removed and that are designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses not expressly identified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated. * * * * * * * * * * * * * 4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix set forth below. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have his/her land designated as an SSA determines how many of the Land Use Layers are to be removed from the designated lands. A Land Use Layer can only be removed in its entirety (all associated activities/land use are removed), and Layers shall be removed sequentially and cumulatively in the order listed below. * * * * * * * * * * * * * b. Land Use Matrix 31 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Resident General Earth Recreatio Agricult Agricult Agricult Conser ial Land Conditional Mining nal Uses ure ure - ure vation, Uses Uses and Group 1 Support Group 2 Restor Process Uses ation ing and Uses Natural Resour ces Wireless Essent Gcommunicati ial ons service towersfacilitie s (P s (P)(CU) and CU) # # # # # # # # # # # # # 5.05.09 — COMM RiGatmens Tow Wireless Communication Facilities A. Purpose and intent. The Durpose and intent of this section is to reaulate the sitin construction, and modification of wireless communication facilities in the unincorporated area of Collier County, to minimize adverse impacts to adjacent and nearby properties and to otherwise protect the public health, safety, and welfare, while accommodating the growing need for wireless communication services. B. Applicability. These regulations are applicable to wireless communication facilities, excluding those of a governmental entity where such facilities are utilized to provide intra- governmental communications not generally available to the public. C. Exemptions. The following are exempt from this Section: 1. Noncommercial freestandina and structure -mounted "receive onlv" antennas that receive direct broadcast satellite service or video programming services via multi - point distribution services, which are one meter or less in diameter in residential zoning districts and three meters or less in diameter in nonresidential zoning districts. These antennas shall meet all other requirements of the zoning district as set forth in the LDC. 2. Amateur radio antennas and any tower to support the antenna that is owned and operated by a federally licensed amateur radio station operator used exclusively for noncommercial purposes. 32 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 3. Any tower or antenna that is owned, operated, or licensed by the Federal Aviation 2 Administration (FAA) and used exclusively for aircraft navigation (NAVAIDS). 3 4 4. Any antenna and any tower to support the antenna, not greater than 35 feet in 5 height, and used exclusively as an accessory use to Essential Services. 6 7 5. Wireless communication facilities within County Rights -of -Way as set forth in the 8 Code of Laws and Ordinances, Chapter 110, Article V. Communications Facilities 9 in the County Rights -of -Way. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Definitions sDecific to LDC section 5.05.09. 1. Alternative Tower Structure means manmade trees. clock towers. bell towers steeples, light poles and similar alternative -design mounting structures that accommodate, camouflage, minimize, or conceal the presence of wireless communication facility equipment. This does not include existing structures erected for another primary purpose, but which subsequently have antennas attached to or located within them. without anv reconstruction of the oriainal structure. 2. Antenna means a transmitting and/or receiving device mounted on a tower, buildina. or structure and used in wireless communication services that radiates or captures electromagnetic waves, digital signal, analog signals, and radio frequencies. Antennas include, but are not limited to, directional antennas such as panel and microwave dish antennas, omni-directional antennas such as whips, radar antennas, amateur radio antennas, and satellite earth stations. 3. Rooftop or Building Mounted Facility means an antenna that is attached to an existing non -tower rooftop, structure, or building. The Facility includes all Support Facilities regardless of where they are located with respect to the antennas. 4. Search Radius Area means the limited area certified by the Drovider's Radio Frequency Engineer within which the proposed wireless communication facility needs to be located in order to resolve the provider's coverage and/or capacity issues in the surrounding area. There is not a standard numeric distance for a search radius, but instead the search radius for a particular site depends on many factors including, but not limited to, population to be served, geography, and topography. 5. Support Facilities means any on -site or off -site building, cabinet, or equipment enclosure that houses the electronics, backup power, power generators, and other freestanding equipment associated with the operation of a Wireless Communication Facility. 6. Temporary Wireless Communication Facility means any tower, pole, cell -on - wheels (COW). and/or tower -on -wheels antenna desianed for use while a permanent wireless communication facility is under construction or reconstruction, 33 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 for a large scale special event or conference, or during a County declared emergency. 7. Tower means a structure that is designed and constructed for the purpose of supporting one or more antennas, including but not limited to quyed towers, lattice towers, monopole towers, or alternative tower structures. Except for the abandonment and financial responsibility provisions contained in this section, the term shall not include a pole -attached antenna. 8. Tower, Guyed means a tower supported by one or more levels of braided or stranded steel auv cables that anchor to the around. 9. Tower, Lattice means a freestanding and segmentally designed with rectangular or triangular base steel lattices. 10. Tower, Monopole means a single pole that can be a tubular section design or a formed, tapered pole. 11. Wireless Communication Facilitv (WCF) means anv eauiDment or facilitv used to provide wireless communication services and may include, but is not limited to, antennas, alternative tower structures, quyed towers, lattice towers, monopoles, rooftop or building mounted facilities, and support facilities. Placing a wireless communication facility on an existing structure does not cause the existing structure to become a wireless communication facilitv. 12. Wireless Communication Facility Site or Site means the tracts of real propertv, either owned or leased, on which the wireless communication facility is located. 13. Wireless Communication Services means any personal wireless services as defined in the Federal Telecommunications Act of 1996, including but not limited to cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. E. Table of allowable wireless communication facilities by zoning district. 1. Table 1. identifies the tvDe of wireless communication facilitv and where it is allowed, either as permitted by right (P) or by Conditional Use (CU) approval. Conditional Uses shall require approval in accordance with the procedures set forth in LDC section 10.08.00. The term "NF means the tower type is not permitted. '1 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 5 6 7 8 9 10 Table 1. Allowable wireless communication facilities by zonina district. Zoning District Monopole' Lattice or Guyed Alternative Rooftop or Building Mounted Antenna' Tower Structures' A P Agricultural E CU2 RSF-1 NP NP CU CU RSF-2 NP NP CU CU RSF-3 NP NP CU CU RSF-4 NP NP CU CU RSF-5 NP NP CU CU RSF-6 NP NP CU CU Residential RMF-6 NP NP CU CU RMF-12 NP NP CU P RMF-16 NP NP CU P RT CU NP CU P VR CU NP CU P MH CU NP CU P Commercial C-1 P P P P C-2 C3 C-4 C-5 TTRVC NP P Industrial P BP Civic and Institutional P P — CF Planned Unit Development PUD Pursuant to the applicable PUD Ordinance Rural Fringe RFMU CU Open Space CON CU ' Temporary Wireless Communication Facilities may be located in all zoning districts. 2 See LDC section 5.05.09 H. for additional standards specific to the Estates (E) zoning district. F. Design and development standards. General standards aDDlicable to all 99 s of wireless communication facilities. G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 a. Any new WCF or modification to an existing WCF that requires both a Site Development Plan and building permit review may be processed concurrently but at the applicant's risk. Setbacks. Except as otherwise specified within this section, wireless communication facilities must satisfy the minimum setback requirements of the zonina district as set forth in the LDC. as well as the reauirements of this section. C. Security. All wireless communication facilities and support facilities shall be secured to prevent public access. ii. Security lighting to protect on -ground facilities/equipment shall be fully shielded and directed away from neighboring properties. d. Signage. i. Signaqe must be provided that includes contact information for the WCF. Such signage must be viewable from the outside of the WCF. No commercial sians or advertisina shall be allowed. e. Emergency backup generators. An emergency backup generator is required to be operated on each wireless communication facility site. The Site Development Plan shall identity the location and connection for the emergency backup generator. f. Prohibition. No equipment or materials shall be stored or parked on the site of a wireless communications facility unless used in direct support for repairs of a facility. 2. Standards aDDlicable to all towers. a. Co -location of antennas on towers. A tower owner shall Dermit other wireless communication service providers to co -locate facilities on a tower if space and structural capacity exists. However, co -location requirements shall not apply to towers or structures used as power transmission poles or structures owned or operated by Florida Power and Light or other power companies. Towers shall be constructed to accommodate the minimum number of providers required per maximum facility height requirement, as outlined in Table 2. 36 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 -WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Height limitations. Towers shall be subject to the hei in Table 2. Table 2. Tower height and co -location. limitations outlined Zoning District of Minimum Number Maximum Facility Proposed Tower of Providers to Support Height feet 1 Agricultural One 100 Two 130 Three 185 Four 250 All other Zoning Districts One 100 Two 130 Three 185 1 Lightning rods may exceed the height limitation provided the rods are no greater than 10 feet in length. C. Separation from off -site abutting uses. Towers shall be separated from abutting uses in conformance with the minimum distances specified in Table 3., measured from the outside of the tower base to the property line of the abutting use. Table 3. Tower seDaration reauirements from off -site abuttina uses Type of Facility Abutting Zoning District Minimum Separation Distance from Abutting Uses All Towers Residential or Estates Zoning 100% of tower height 1 All Other Zoning 50% of tower height Temporary Wireless Communication No restrictions None Facility 1 If an alternative tower structure is proposed, separation distances shall be reduced to 50% of tower height. d. Migratory birds and other wildlife considerations. i. Wireless communication facility towers. Each new tower that will exceed a height of 75 feet (above ground), but will not exceed a height of 199 feet above natural grade, shall not beguyed. 37 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ii. Bird diverter devices. Each guyed tower greater than 75 feet in height above natural grade, shall have installed and maintained bird diverter devices on each quy wire. iii. Habitat loss. In addition to the requirements in Chapter 3, towers and support facilities shall be designed, sited, and constructed to minimize habitat loss within the WCF site. At such sites, road access and fencing shall be designed and located to minimize on - site and adjacent habitat fragmentation and/or disturbances. e. Design. Towers, excluding alternative tower structures, shall maintain a galvanized gray finish or other approved compatible color, except as required by federal rules or regulations. f. Lighting. No sianals. liahts. or illumination on towers shall be Dermitted unless required by the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required the by FAA, the alternatives chosen shall be the least obtrusive to the surroundina community. Site lighting (not required by FAA) shall be elevated less than 20 feet above grade, fully shielded, and directed downward away from neighboring properties. Screenina. Wireless communication facilities shall be screened with a wall or fence. The wall or fence shall be 100 percent opaque with a minimum height of 8 feet and maximum height of 10 feet. The wall or fence shall be designed to ensure that no unauthorized persons can access the facilitv. Barbed wire is not a Dermitted material. ii. Equipment cabinets. The overall height of ground -mounted equipment or equipment enclosure shall not exceed 12 feet. h. Landscaping. A minimum 10-foot wide Type A buffer that includes a 3-foot high, continuous hedge planted 3 feet on center along the outside perimeter of the wall or fence shall be required. Tree plantings within the buffer shall be 12 feet in height at time of planting. i. Existing, native vegetation on the subject site can be used to meet these screening requirements. If native vegetation is present but not dense enough to meet the requirements, supplemental landscaping must be used to meet the screening requirements. 0 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 At the discretion of the County Manager or designee, some or all of these landscape buffering requirements may be displaced to a road right-of-way landscape buffer located within the parcel when it better screens the tower. Access and parking. Each wireless communication facility site shall have access from a paved or unpaved drivewav or access easement. The driveway shall extend to an appropriate location on the premises to accommodate a vehicle to be parked at the facility for normal maintenance. One parking space shall be provided for each facility, and new towers exceedina 185 feet in heiaht shall reauire a minimum of two Darkina spaces. 3. Standards applicable to all rooftop or building mounted facilities. a. Rooftop equipment shall not occupy more than 25 percent of the roof area and shall comDly with the exterior buildina and site desian standards. b. Height limitations. i. WCF located on a rooftop, structure, or building with a maximum roofline of 20 feet or greater (measured from the average natural grade) shall be permitted to have a maximum height of 20 feet above the maximum roofline. ii. WCF located on a building or structure with a maximum roofline less than 20 feet (measured from the average natural grade) shall be permitted to have a maximum height equal to the height of the maximum roofline. WCF that are Droaosed to exceed the heiaht reauirements. as provided herein, may be approved as a deviating component through a Conditional Use request pursuant to LDC section 5.05.09 F.4. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be additional criterion for Conditional Use approval. C. Rooftop mounted facilities shall be set back from the closest outer edge of the roof a distance of not less than 10 percent of the rooftop length and width, but not less than five feet. d. Antenna structures and dish type antennas shall use camouflage techniques that incorporate architectural treatment to conceal or screen their presence from public view through design to unobtrusively blend in aesthetically with the surrounding environment. e. Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall. 39 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 -WCF LDCA (01-19- 2024). DOCX 2 f. The design elements of the building (i.e., parapet wall, screen enclosures, 3 other mechanical equipment) shall be used to screen the wireless 4 communication facility. 6 a. Co -location is not reauired for rooftoD or buildina mounted facilities. 8 4. Relief from design and development standards. An applicant requesting a 9 Conditional Use may request a deviation from the design and development 10 standards of this section as part of the Conditional Use request. Criteria for the 11 deviation will be the criteria set forth in LDC section 10.08.00 D. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the submittal of an application for a WCF located on County -owned lands while the lease agreement is pending; however, no development order shall be issued by the County until such agreement or lease has been fully executed. All terms and provisions of the agreement or lease shall be in a form that is acceptable to the County Attorney, including a release from the Countv of all liabilitv reaardina the WCF. 1. Height limitations for wireless communication facilities on property owned, leased, or otherwise controlled by public entities, including but not limited to federal, state, and/or County entities shall be as follows: a. Facilities that are 185 feet or less in height are a permitted use by right in all zoning districts. b. Facilities that are greater than 185 feet in height shall require a Conditional Use. C. Facilities utilizing this exemption must meet all separation requirements of LDC section 5.05.09 F.2.c. and Airport Overlay regulations in the LDC. H. Wireless communication facilities in the Estates (E) Zoning District. Wireless communication facilities are allowed on parcels designated in the Urban or Rural Golden Gate Estates Sub -element in the Golden Gate Area Master Plan and are subject to the following: 1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector road. 2. The wireless communication services provider has provided evidence that the service provider's search radius for the tower location requires placement of the tower in the Estates Zoning District to meet its coverage requirements and that the WCF cannot be co -located on an existina tower and Drovide the same aualitv service coverage. I. Application requirements in addition to the requirements of LDC section 10.02.00. 40 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 -WCF LDCA (01-19- 2024). DOCX 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 1. Supplemental tower application requirements. a. Evidence from a Radio Frequency Engineer that the proposed facilities cannot be installed on another structure in Collier County and shall be located at the proposed site to meet coverage requirements with a composite propagation study illustrating, graphically, existing, and proposed coverage in industry -accepted median received signal ranges. b. If co -location is not available, the applicant shall submit an affidavit stating that the applicant made diligent efforts for permission to install or co -locate the WCF on all existing support structures located within the search radius for the proposed tower. The applicant shall establish in the application that: they are unable to provide service at existing sites nearby; no other existing tower is available (including utility poles); and that no reasonable alternative technology can accommodate the WCF due to one or more of the followina factors: i. Insufficient height to allow the WCF to function reasonably in parity with similar facilities; ii. Insufficient structural strength to support the WCF; iii. Insufficient space to allow the WCF to function effectively and reasonably in parity with similar equipment; iv. Resulting electromagnetic interference which cannot reasonably be corrected; V. Unavailability of a reasonable leasing agreement; and/or vi. Other limiting factors. 2. Supplemental rooftop or building mounted facility application requirements. a. These facilities shall require a Site Development Plan approval, pursuant to LDC subsection 10.02.03 E or F. 3. A copy of each application for a WCF that is greater than 150 feet in height shall be supplied by the applicant to the Collier Mosquito Control District or designee. J. Inspections. 1. All guyed towers exceeding 185 feet in height shall be inspected every three years. All other towers shall be inspected every five years. Each inspection shall be conducted by a qualified professional engineer or other qualified professional inspector, and any inspector -recommended repairs and/or maintenance should be 41 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 -WCF LDCA (01-19- 2024). DOCX 1 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 completed without unnecessary delay. At a minimum, each inspection shall include the following: a. Tower structure: Including bolts, loose, or damaged members, and signs of unusual stress or vibration. Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other signs of possible failure. C. Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site cnnditinn_ d. Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any. e. For guyed towers: Tower vertical alignment and guy wire tension (both required tension and present tension). 2. A copy of each inspection report shall be filed with the County Manager or designee no later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager or designee to verify that such repairs and/or maintenance have been completed. The County shall have no responsibility under this section regarding such repairs and/or maintenance. M. Abandonment. Collier County may require removal of any abandoned or unused wireless communications facility by the owner within 60 calendar days of confirming abandonment. A WCF shall be considered abandoned if use has been discontinued for 180 consecutive calendar days as determined by Collier County. 2. Where a WCF is abandoned but not removed within the specified timeframe, the County may remove it and place a lien on the property following procedures set forth in the Collier County Code of Laws and Ordinances, Article VI, Sec. 22-245. 3. Where a WCF is utilized for other purposes, including but not limited to lighting standards and power poles, it shall not be considered abandoned if still being maintained in good condition. 4. Where a WCF is removed by an owner, the owner shall restore the area to as good of a condition as prior to the placement of the facility, unless otherwise instructed by Collier County. 42 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 -WCF LDCA (01-19- 2024). DOCX I standards for GenStrUGtien and fadlities siting; and is intended to minimize, where 2 3 and vegetatiGR GGFeeRiRgj te avoid damage te adjaGent fFem to 4 potential properties 5 rninornoze the need W GenStFIJGt , towers; to maximize the shared of speGified towe 6 sotes to mffinmmffize ReW use new 7 mounted gFeund have other spede nerds; tewe FS GGIJld 8 GR mig-rta#ery and to prP.�Y��iz 9 , 10 MGGq ii#e nen#rel airnraf# safety. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 te•eier, e antennrelatedand relatefadlitiec 43 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX I 1 I • D. Shared use ef tewers. A tewer w1th a height OR eXGeSS of 185 feet abGve Ratural grade 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 to request o need��nfOrmatmOR To Rable the tower GWRer to rrcsp��e ` `7 t e antenna and onilmp MeR ml, G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX 2 3 4 features. • ' G. if the GWReF of aR old tower site deeS - :e — — �W� — — — -- — - za 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ... il �!�wuuwsite,rwe i W. G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX .. • 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ■- mill - ■Via MI I .. .49 ml- ..... 50 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 51 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX I height, as previded herein, shall require Genditienal use approval-, 5 Gonsoderatoon on determining the allowable height of reeft-op 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ft. iffillil NOW 52 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX I surrounding property zened 1 1 1 1 1 1_ I 0 RGluding its antennas; and from all other surrounding beldRdaries property 5 by a distanGe RGt less than one the height of the tower its half (1%) and 7 greater. 8 9 10 frl,m rooirdontially Z9Re d pFopor4ioo as followsr 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 53 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 54 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX QG�QTI fQn of Qnf GTInaic, transmission lines, lighting, �htil ng pQTin111n insulaters, 2 fonninn nrnU Rdinn e and oleyater, if aR 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 55 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX 5 22. As tG GGMITIuniGatiORS towers and antennas, !nGludiRg rooftop towers, antenpa 7 height limitatiORS speGified OR this Code. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 0" . . oC. e M. G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX .. 4 GGITIFRURiGation towers shall be permitted at IGGations and heights hereuR speGified 5 withiR the 1 75 right of way east of the tell booth (Alligator Alley). Two (2) of the •[D7 of TraRsportatiGR towers. The fG61F (4) Rew teleGGMrnIJRiGatiGR tower s shall -he- epartmeRt 10 a. Mole marker 52.2. The height ght of the Bier shall RGt eXGeed 25n feet, ^^t�-`r�'�� z Freer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Oil M-t.. Mi. W. it C. p .......... .... . -c -c. - ' 57 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX 2 6. LandGGape buffer. A landGGape b6iffeF RG 'eE;E; thaR teR (10) feet Wide With #G-es the perimeter of eaGh tower site and other related equipmeRt, StFUGtUres, and 5 buildiRgs. This buffer shall eRGeFnpaSS all StFIJGtIJFeS iRGlUdiRg the tewer base. 1 • 7 GGIRItiPluous hedge of at least three (3) feet OR height at plaRtiRg. The buffer rRust be FRaiRtaiRed OR geed GeRditieR. This 'andSGape buffeF may be waived by the GeuRty 11 10 nnr�S 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 58 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX 2 only with ether gevemmental entities. if the toweF is te be GGGWpied by 4 to be used for any non governmental use(s), the tower sharipg 5 requirements that apply to non goverRMeRt GGGIdpants shall be adhered to I tower ms te be used enly for governmental uses, the tewer need be shar Wirelessr 5.05.09, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 wil...... — - — --- — ------------ 59 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 :1 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024).DOCX I Narrow eXGeptoeR: a ene time timeline waiver may be Fequired if there then exists 2aR eM8FgeRGY +cy- thhaat diFeGtly affeGtG the c tFatiE)R of all Of the GYRty'? 3 4 the GGIJRty, by the State of Florida, er by the federal geyemMeRt. 6 # 61 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\02-27\MATERIALS\PL20230013966 - WCF LDCA (01-19- 2024). DOCX Marissa Fewell From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Thursday, August 31, 2023 4:42 PM To: Marissa Fewell Cc: Albuernes, Milena Subject: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Marissa, Please accept this as an additional comment on the working draft from SBA. We recommend staff consider including language from the Section 6409 of the Spectrum Act of 2012 related to colocations by right. Suggested language: "Any request to collocate, replace, or remove transmission equipment at an existing wireless tower or base station submitted with a written request for a Section 6409(a) approval under the Spectrum Act of 2012 shall be subject to administrative approval, conditional use approval, or denial without prejudice pursuant to the standards and procedures contained in Section 6409(a)." Thank you, Katie Berkey Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker $� KV- Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 239.628.4919 239.433.5933 i KBerkey@beckerlawyers.com www.beckerlawyers.com Il Y. CQUN I Y # AICP LOCAL CERTIFIED MRNMENT LAW Follow Becker on... 90130 Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Tuesday, October 17, 2023 9:18 AM To: Marissa Fewell Cc: Albuernes, Milena Subject: RE: PL20230013966 - Comments Attachments: (Redline) WCF LDCA (09-27-2023) ALL revisions clean (002).docx; (Redline) WCF LDCA (09-27-2023) ALL revisions clean (002).pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Marissa, Please see attached in PDF and Word format. If you have any trouble viewing the proposed redlines or have any questions, please let us know. Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law � + � �•xs � gk)4 v Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 t. 239.628.4919 �a 239.433.5933 u KBerkey@beckerlawyers.com ® www.beckerlawyers.com CITY. COUNTY & LOCAL CVERNMENT LAW .S a - AICP CERTIFIED 990 LJ Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountvfl.gov> Sent: Tuesday, October 17, 2023 8:25 AM To: Berkey, Kathleen "Katie" <KBerkev@beckerlawyers.com> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie - I'm not seeing redlines in the document that was attached. Thank you, Marissa Fewell Planner 111- Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning CD 7eY C014 ty Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Monday, October 16, 2023 8:49 PM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: Re: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Marissa, Thanks for the return call this afternoon. Attached please find some additional suggested redlines and margin comments from SBA as to the revised communications tower ordinance being reviewed by the. DSAC Subcommittee tomorrow. Thank you to staff or incorporating some of SBA's prior edits already and we appreciate their willingness to engage in ongoing discussions. Best regards, Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 t,. 239.628.4919 Ja 239.433.5933 u KBerkey@beckerlawyers.com ® www.beckerlawyers.com . s �..�y.y CITY, i;t..,.1 i Y & LOCAL GMRNMkNT LAW Follow Becker on... 91000 4 AICP CERTIFIED Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountvfl.gov> Sent: Wednesday, October 4, 2023 4:25:27 PM To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie - The second staff review is expected to be complete by October 12th but comments are welcomed at any time. Thank you, Marissa Fewell Planner 111- Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/collierZoning C;o 7e.-Y C;0U14tY Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Wednesday, October 4, 2023 4:07 PM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you, Marissa. Is there a date by which comments on the latest draft would be welcomed? Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law + + vxs� anaa Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 t, 239.628.4919 Ja 239.433.5933 u KBerkey@beckerlawyers.com © www.beckerlawyers.com ITy, CNN1 Y & LOCAL @$RNMENT LAVY Follow Becker on... 0000 AICP CERTIFIED Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Sent: Wednesday, October 4, 2023 11:25 AM To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie - Attached is the revised draft as a Word document. Thanks! Marissa Fewell Planner 111- Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning CD iew County Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Wednesday, October 4, 2023 9:06 AM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: Re: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you, Marissa! May I please have a copy of the latest draft in Word format? Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law + + asxs� 343] Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 t. 239.628.4919 Ja 239.433.5933 u KBerkey@beckerlawyers.com ® www.beckerlawyers.com Kf/).{ ITY, COUNTY ��, LOCAL MVERNMENT LAW Follow Becker on... M ® ® 0 AlCP CERTIFIED Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountvfl.gov> Sent: Tuesday, October 3, 2023 3:33:50 PM To: Berkey, Kathleen "Katie" <KBerkev@beckerlawyers.com> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie - Thank you, I hope you had a nice weekend as well! The draft is currently going through a second staff review. Linked below is the updated version based on comments received from staff in their first review: https://www.colliercountyfl.gov/home/showpublisheddocument/l04815/638314972193570000 Thank you, Marissa Fewell Planner 111- Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Collier C01414ty Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Friday, September 29, 2023 5:48 PM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Marissa, Happy Friday! Any updates as to the updated draft? Thank you and have a great weekend, Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 239.628.4919 �d 239.433.5933 u KBerkey@beckerlawyers.com ® www.beckerlawyers.com r� CITY, COUNTY & LOCAL GCVERNMENI LAVY Follow Becker on... 0000 { 4 ► ICP CERTIFIED Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Sent: Monday, September 11, 2023 10:39 AM To: Berkey, Kathleen "Katie" <KBerkev@beckerlawyers.com> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie - Yes, comment has been received. We are starting to work through all of the comments received; I will let you know when the updated draft is complete. I'm not exactly sure on timing at this point but would guess it is a few weeks out. Thanks! Marissa Fewell Planner 11- Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning C;o 7e.Y C,0141.ty Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Monday, September 11, 2023 10:34 AM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning Marissa, Has this request been received? Thank you, Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law + + �sxs i3 aaxn Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 k, 239.628.4919 Ja 239.433.5933 S KBerkey@beckerlawyers.com 0 www.beckerlawyers.com }R 1 i 5 i CITY. COUNTY & LOCAL GCVERNMENI LAVY Follow Becker on... E®®0 } 4 AICP CERTIFIES} Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Thursday, August 31, 2023 4:42 PM To: FewellMarissa<Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: PL20230013966 - Comments Good afternoon Marissa, Please accept this as an additional comment on the working draft from SBA. We recommend staff consider including language from the Section 6409 of the Spectrum Act of 2012 related to colocations by right. Suggested language: "Any request to collocate, replace, or remove transmission equipment at an existing wireless tower or base station submitted with a written request for a Section 6409(a) approval under the Spectrum Act of 2012 shall be subject to administrative approval, conditional use approval, or denial without prejudice pursuant to the standards and procedures contained in Section 6409(a)." Thank you, Katie Berkey Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Ft. Myers Ext: 54919 (239.628.4919) Eric Johnson From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Tuesday, November 28, 2023 4:05 PM To: Michael Bosi Cc: Eric Johnson; Marissa Fewell; Albuernes, Milena Subject: PL20230013966 Comments Attachments: 20231128160440639.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Mike, Please accept the attached as comments from SBA as to pending PL20230013966 to be considered by the Planning Commission next week. Thank you for your time and attention, and in advance for including the attached letter in the case file in preparation for Planning Commission. Best regards, Katie Berkey Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker � Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 239.628.4919 239.433.5933 i KBerkey@beckerlawyers.com www.beckerlawyers.com 1 N HY.COJNIY& AICP LOCAL CEFITIFIED GMANMENT LAVA Follow Becker on... 91 isElD Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. SBA Communications Corporation 8051 Congress Avenue Boca Raton, FL 33487-1307 T + 561.995.7670 F + 561.995.7626 sbasite.com VIA E-MAIL ONLY: michael.bosi@colliercountyfl.gov Mike Bosi, AICP, Director Zoning Division Collier County Growth Management Re: PL20230013966 Comments Dear Mr. Bosi: As a real estate investment trust which owns and operates wireless infrastructure around the United States and in Collier County, SBA Communications Corporation ("SBA") wishes to thank County staff for their thoughtful attention to the proposed Land Development Code amendments. The proposed amendments go a long way in recognizing communication towers as an integral part of the public's critical telecommunications infrastructure. Although not all of our comments were incorporated, SBA greatly appreciates the consideration of many of the revisions proposed by SBA on the various drafts in response to SBA's concerns, and for County staff s willingness to engage in ongoing discussions as to the proposed language. Best r gards, #sey Masuda Director, Planning & Zoning cc: Marisa Fewell, Planner III Marisa. fewell@colliercountyfl. gov) Eric Johnson, AICP, CFM, Planning eric. j ohnson@colliercountyfl. gov) M — Zoning Division (via e-mail only: anager — Zoning Division (via e-mail only: sel II Compliance Victoria Weidenthaler, Corporate Coun—, SBA Communications Corporation Kathleen O. Berkey, Esquire, AICP 24302806v.1 C�qffler Gourity Growth Management Community Development Department Zoning Division LAND DEVELOPMENT CODE AMENDMENT PETITION PL20230013966 ORIGIN Board of County Commissioners (Board) SUMMARY OF AMENDMENT This amendment introduces comprehensive updates to the current provisions in the Land Development Code (LDC) related to telecommunication towers. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). HEARING DATES LDC SECTION TO BE AMENDED Board TBD 1.08.02 Definitions CCPC TBD 2.01.03 Essential Services DSAC TBD 2.03.01 Agricultural Districts DSAC-LDR TBD 2.03.02 Residential Zoning Districts 2.03.03 Commercial Zoning Districts 2.03.04 Industrial Zoning Districts 2.03.05 Civic and Institutional Zoning Districts 2.03.06 Planned Unit Development Districts 2.03.07 Overlay Zoning Districts 2.03.08 Rural Fringe Zoning Districts 2.03.09 Open Space Zoning Districts 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 4.06.05 General Landscaping Requirements 4.08.06 SSA Designation 5.05.09 Communications Towers ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC TBD TBD TBD BACKGROUND On October 14, 1992, the Board adopted Ordinance No. 92-73 which included the first regulations for communications towers in the County. On January 24, 2023, the Board directed staff to develop Amendments to the current LDC regulations for Communication Towers to promote a stronger wireless communication network throughout the County. Staff reviewed current statewide best practices, engaged with industry experts, and determined that the current provisions in the LDC for Communication Towers are outdated with modern day industry practices. Wireless communication facilities are considered essential services. This LDC amendment modernizes the language and simplifies the application and review processes in an effort to allow for a stronger wireless communication network throughout the County. Substantive changes include but are not limited to the following: renaming "communication towers" to "wireless communication facilities" to include facilities that are not towers; oozi.00c - — — — — Deleted: G:\LDC AMEN DMENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX CWfler Gourity Growth Management Community Development Department Zoning Division providing definitions and establishing regulations for the various wireless communication facility types; updating permitted use and conditional use lists for Zoning Districts to allow for new wireless communication facilities; removal of shared tower requirements to instead encourage co -location by allowing increased heights; and reorganizing the section to allow for easier interpretation of the regulations. Corresponding cross-references are also added to various LDC sections to maintain consistency. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts to the County associated with this amendment. The amendment may have fiscal impacts on property owners who will now be eligible to apply for approval of a wireless communication facility. EXHIBITS: None. GMP CONSISTENCY To be provided by Comprehensive Planning Staff after first review. Deleted: G:\LDC AMEN DIM ENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEYIAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2028) ALL REVISIONS CLEAN / (002).DOC2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Amend the LDC as follows: 1.08.02 — Definitions Monopole GE)MMuniGatieR6 tower: A commercial vertical single tubular self swppGFt'Rg fewer fer r, rabelir. antennas with ell effe GtiVR Md ii Wireless communication facilities: See all related definitions in LDC section 5.05.09. # # # # # # # # # # # # # 2.01.03 - Essential Services A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 4. Wirele66 66nRFRWRriEatien fivmuGn.ricGilifiesCOMMUR:GatiOR f�T..ier�im fed to t pFeyffidiRg ;reless eFnergeRGY telephe a seFv'Ge, subject to all „linable PFeViSieRS OR erfien G nG 09 of this Cede 64. Electrical transmission and distribution lines, substations, and emergency power structures; -Remainder of list to be renumbered accordingly- 98. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to subsection 2.03.09 B.1.a.viii. Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx,3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 H. Wireless communication facilities, limited to those providing wireless emergency telephone service, are considered an essential service and shall be permitted and subject to all applicable provisions in LDC section 5.05.09. # # # # # # # # # # # # # 2.03.01 - Agricultural Districts. A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. 7. Family care facilities, subject to section 5.05.04. 8. Wireless communication facilities, subject to section 5.05.09. 9. Essential services. as set forth in section 2.01.03. * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. * * * * * * * * * * * * * 12. Collection and transfer sites for resource recovery. Deleted: G:\LDC AMENDMENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx,4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 13. "'i'aRiGatiOR towers above spedf.'ed height, tO bjeGt seGtOOR -�-r�ten 5or; 0A 143. Social and fraternal organizations. -Remainder of list to be renumbered accordingly- 297. Ancillary plants. B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). C. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply. 12. GemmuniG-atien tewers up to ^'spcdf ed—heights Wireless communication facilities, subject to LDC section 5.05.09. # # # # # # # # # # # # # 2.03.02 Residential Zoning Districts Deleted: G:\LDC AMENDMENTS\CURRENT A. Residential Single -Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The / WOMTELECOMMUNICATION TOWER UPDATE and intent of the residential single-family districts RSF IS to provide lands (P -27-2023) AL )\DR REVISIONS ITY EAN.D CF LDCA purpose 9 Y ( ) P / 09-27-2023 ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx,5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single- family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). C. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00. 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 12. Wireless communication facilities, subject to LDC section 5.05.09. B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi- family-6 district (RMF-6) is to provide for single-family, two-family and multi -family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or convenient access to collector and arterial roads on the county major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in Deleted: G:\LDC AMENDMENTS\CURRENT part, by the density rating system contained in the future land use element of the Collier / WOMTELECOMMUNICATION TOWER UPDATE Count GMP. The maximum density permissible or permitted in the RMF-6 district shall (P -27-2023) AL )\DR REVISIONS Y EAN.D CF LDCA Y Y P P / 09-27-2023 ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 6. Educational plants and public schools with an agreement with Deleted: G:\LDC AMENDMENTS\CURRENT 50 Collier County, as described in LDC section 5.05.14; however, any WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA(09-27-2023)ALL REVISIONS CLEAN (002).DOC47 not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF-6 district. C. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in LDC section 10.08.00. 10. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 11. Wireless communication facilities, subject to LDC section 5.05.09. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential multi -family 12 district (RMF-12) is to provide lands for multiple -family residences having a mid -rise profile, generally surrounded by lower structures and open space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multi -family residences are permitted as conditional uses as long as they preserve and are compatible with the mid - rise multiple -family character of the district. The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-12 district (RMF-12). a. Permitted uses. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 high school located in this district is subject to a compatibility review as described in LDC section 10.02.03 7. Wireless communication facilities, subject to LDC section 5.05.09. D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple - family residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple -family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multi -family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-16 district (RMF-16). a. Permitted uses. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 5. Wireless communication facilities, subject to LDC section 5.05.09. Residential Tourist District (RT). The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). Permitted uses. 5. Townhouses subject to section 5.05.07. C:\USERS\KBERKEV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNPVREDLINE) WCF LDCA(09-27-2023)ALL REVISIONS CLEAN (002).DOC8 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 6. Wireless communication facilities, subject to LDC section 5.05.09. Village Residential District (VR). The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the village residential district (VR). Permitted uses. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 7. Wireless communication facilities, subject to LDC section 5.05.09. G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide land for mobile homes and modular built homes, as defined in this Land Development Code, that are consistent and compatible with surrounding land uses. The MH District corresponds to and implements the urban mixed -use land use designation on the future land -use map of the Collier County GMP. The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the mobile home district (MH). C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA (09-27-20231 ALL REVISIONS CLEAN (002).DOCA, Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 a. Permitted uses. 5. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 6. Wireless communication facilities, subject to LDC section 5.05.09. # # # # # # # # # # # # # 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter -jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. 40. Travel agencies (4724, no other transportation services). 41. Wireless communication facilities, subject to LDC section 5.05.09. 442. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. C:\USERS\KBERKEV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOKWV2SHNP\(REDLINE) WCF LDCA M-27-2023) ALL REVISIONS CLEAN (002).DOCX1 0 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 73. Wireless communication facilities, subject to section 5.05.09. 734. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. -Remainder of list to be renumbered accordingly- 756. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC41 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 93. Wireless communication facilities, subject to section 5.05.09. 934. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 945. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 956. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA (09-27-20231 ALL REVISIONS CLEAN (002).DOCYt1 2 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 967. Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 978. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. * * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses 27. Cable and other pay television services (4841) g %unocatmons tewern P W n reified height ubjent W n mien 5.05.09. 130. Telegraph and other message communications (4822) ink 1WRiGatiE)RS towers up to s eGified height ubjeGt to seGtiOR 5.06.09. Deleted: G:\LDC AMENDMENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC41 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 131. Telephone communications (4812 and 4813) ratmons towers p to specified height bje Gt to rPrfiAR 140. lWireless communication facilities, subject to LDC section 5.05.09.1 1491. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1442. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 1423. Any other general commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. C. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in LDC section 10.08.00. 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01.). 8. + G�r� , ,..,ti9R towers above spedfied eight, des*t tO ses+=,on 59509 98. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers -retail). -Remainder of list to be renumbered accordingly- 254. Veterinary services (0741 and 0742, with outside kenneling). Commented [1]: Consider changing C-4 to CU as some of the C-4 zoning districts abut residential zoned properties. (Specifically see along Airport Rd S.) E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, Deleted: GALDC AMENDMENTS\CURRENT the heavy commercial district (C-5) allows a range of more intensive commercial uses and / WORK\TELECOMMUNICATION TOWER UPDATE services which are generally those uses that tend to utilize outdoors ace in the conduct (P -27-202 ) ALL REVISIONS ITY EAN.D C LDCA 9 Y P / 09-27-2023 ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOKWV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).D0Cx 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. 32. Cable and other pay television services (4841) 1WRiGatiE)RS towers up to s edfied height, ubjen+ to sen+ien 5.0509. * * * * * * * * * * * * * 166. Telegraph and other message communications (4822) fac4ud!Rg 'unmGatieRs +eweFs n +e 6peGified height, subject to i DC .Gtoon 5.05.09. 167. Telephone communications (4812 and 4813) wing n�fi Rs towce, up te speGjfT'ed height, hieGt to I PQ sestfeR 5.05.09. 180. Welding repair (7692). 181. Wireless communication facilities, subject to LDC section 5.05.09. 1842. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1823. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational Deleted: G:\LDC AMENDMENTS\CURRENT functions of a business and are purely associated with activities �WORK\TELECOMMUNICATION TOWER UPDATE conducted in an office. / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC41 5 1 2 1834. Any other heavy commercial use which is comparable in nature with 3 the list of permitted uses and consistent with the purpose and intent 4 statement of the district, as determined by the Hearing Examiner or 5 CCPC, pursuant to LDC section 10.02.06 K. 6 7 8 9 C. Conditional uses. The following uses are permissible as conditional uses 10 in the heavy commercial district (C-5), subject to the standards and 11 procedures established in LDC section 10.08.00. 12 13 14 15 5. Communications (4812-4841) with wireless communications 16 tewer-,facilities that exceed specified height, subject to LDC section 17 5.05.09. 18 19 20 21 F. Travel Trailer -Recreational Vehicle Campground District (TTRVC). 22 23 24 25 2. The following uses are permissible by right, or as accessory or conditional 26 uses within the travel trailer -recreational vehicle campground district (TTRVC). 27 28 a. Permitted uses. 29 30 1. Travel trailers, park model travel trailers, pickup coaches, motor 31 homes and other recreational vehicles. 32 33 2. Wireless communication facilities, subject to LDC section 5.05.09. 34 35 36 # # # # # # # # # # # # # 37 38 2.03.04 Industrial Zoning Districts 39 40 A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands 41 for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 42 Service and commercial activities that are related to manufacturing, processing, storage 43 and warehousing, wholesaling, and distribution activities, as well as commercial uses 44 relating to automotive repair and heavy equipment sales and repair are also permissible 45 in the I district. The I district corresponds to and implements the industrial land use 46 designation on the future land use map of the Collier County GMP. 47 48 1. The following uses, as identified within the Standard Industrial Classification 49 Manual (1987), or as otherwise provided for within this section, are permitted as a Deleted: G:\LDC AMENDMENTS\CURRENT 50 right, or as accessory or conditional uses within the industrial district (I). WOMTELECOMMUNICATION TOWER UPDATE 51 / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOC41 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 a. Permitted uses. 9. Communications (4812-4899 '.,^L u.-'Rg +,^ ^ t9Wers 56. Wholesale trade —nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192-5199). 57. Wireless communication facilities, subject to LDC section 5.05.09. 578. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non- conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre -disaster condition. C. Conditional uses. The following uses are permitted as conditional uses in the industrial district (1), subject to the standards and procedures established in LDC section 10.08.00. 4. Communications (groups 4812-4899 including wireless communications towers —facilities that exceed specified heights subject to all requirements of LDC section 5.05.09.). B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park -like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban -industrial districts of the future land use element of the Collier County GMP. Deleted: G:\LDC AMENDMENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC41 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: 4. Communications (4812-4899 including wireless communications towers facilities. limited iR height to 100 feet and subject to LDC section 5.05.09.). # # # # # # # # # # # # # 2.03.05 - Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. 4. Sergi iGat;^^ f�,-to,we,-s- 54. Education facilities. 65. Educational plants. 76. Essential public service facilities. 87. Fairgrounds. 98. Libraries. 409. Museums. 4-1-10. Park and recreational service facilities. Deleted: G:\LDC AMENDMENTS\CURRENT 4211. Parking facilities. / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC41 8 1 4-312. Safety service facilities. 2 3 4413. Wireless communication facilities, subject to LDC section 5.05.09. 4 5 14. Any other public structures and uses which are comparable in 6 nature with the list of permitted uses, and consistent with the 7 purpose and intent statement of the district, as determined by the 8 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 9 10 11 12 B. Community Facility District (CF). The purpose and intent of (CF) district is to implement 13 the GMP by permitting nonresidential land uses as generally identified in the urban 14 designation of the future land use element. These uses can be characterized as public 15 facilities, institutional uses, open space uses, recreational uses, water -related or 16 dependent uses, and other such uses generally serving the community at large. The 17 dimensional standards are intended to insure compatibility with existing or future nearby 18 residential development. The CF district is limited to properties within the urban mixed use 19 land use designation as identified on the future land use map. 20 21 1. The following uses are permitted as of right, or as accessory or conditional uses, 22 in the community facility district (CF). 23 24 a. Permitted uses. 25 26 27 28 9. Educational services (groups 8211-8231). 29 30 10. Wireless communication facilities, subject to LDC section 5.05.09. 31 32 33 # # # # # # # # # # # # # 34 35 2.03.06 Planned Unit Development Districts 36 37 38 39 D. The following are permissible uses in the Research and Technology Park PUD: 40 Identified Use Special Notes RTPPUD Or Regulation Accessory uses and structures 4.07.02 and P 5.03.00 41 42 Deleted: G:\LDC AMENDMENTS\CURRENT Communication groups 4812-4841 T WORK\TELECOMMUNICATION TO UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN. DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC4 19 Communication towers and other Wireless 5.05.09 Communication Facilities: 75 feet or less in height P More than 75 feet in height CU Computer and data processing services, Computer T related services, not elsewhere classified 1 2 3 # # # # # # # # # # # # # 4 5 2.03.07 Overlay Zoning Districts 6 7 8 9 F. Golden Gate Parkway Overlay District (GGPOD). 10 12 13 6. Prohibited uses. These uses are prohibited, except that uses existing as of March 14 16, 2021 may continue to operate as a permitted use until the use ceases for a 15 period of one year. This section does not apply to the uses allowed in the 16 underlying zoning district. 17 18 a. Prohibited uses in the GGPOD-AC and GGPOD-DT. 19 20 xi. CommuniGatoaR tewers Wireless communication facilities, subject 21 to LDC section 5.05.09. 22 23 24 25 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 26 distinct subdistricts for the purpose of establishing development criteria suitable for the 27 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 28 Urban Overlay District are delineated on the maps below. 29 30 31 32 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in 33 the Immokalee Area Master Plan; referenced on Map 7; and further identified by 34 the designation "MSOSD" on the applicable official Collier County Zoning Atlas 35 Maps. The purpose of this designation is to encourage development and 36 redevelopment by enhancing and beautifying the downtown Main Street area 37 through flexible design and development standards. 38 39 a. Permitted uses. For all properties within the Main Street Overlay 40 Subdistrict, except for properties hatched as indicated on Map 7, the Main 41 Street Overlay Subdistrict, all permitted uses within the uses within the Al I ' ' ' ' underying zoning distracts contained hhSb wit in t is u district, and 1 1. Hotel and motels (7011) 2 3 2 GOFRFRURiGati ^ towers- Wireless communication facilities, as 4 defined in LDC section 5.05.09, subject to the following: 5 6 i. Such tower is an essential service use as defined by 7 subsection 2.01.03 A.4; and 8 9 ii. Such tower may not exceed a height of 75 feet above grade 10 including any antennas attached thereto. 11 12 b. Permitted uses. For hatched properties within the Main Street Overlay 13 Subdistrict, all permitted uses within the underlying zoning districts 14 contained within this Subdistrict, and the following uses are permitted as of 15 right in this Subdistrict: 16 17 1. All uses allowed in the Commercial Professional District (C-1), of 18 this Code, except for group 7521. 19 20 2. Communication towers Wireless communication facilities, as 21 defined in LDC section 5.05.09 subject to the following: 22 23 i. Such tower is an essential service use as defined by 24 subsection 2.01.03 A.4; and 25 26 ii. Such tower may not exceed a height of 75 feet above grade 27 including any antennas attached thereto. 28 29 C. Prohibited uses. All uses prohibited within the underlying residential and 30 commercial zoning districts contained within this Subdistrict, and the 31 following uses, shall be prohibited on properties with frontage on Main 32 Street in between First Street and Ninth Street in the Main Street Overlay 33 Subdistrict: 34 35 36 37 10. Gernmunmp-a en tewe•s- Wireless communication facilities, as 38 defined in LDC section 5.05.09 of this Code, except as otherwise 39 permitted in this Subdistrict. 40 41 42 43 d. Accessory uses. 44 45 46 47 2. Communication towers Wireless communication facilities, as 48 defined in LDC section 5.05.09 subject to the following: 49 Deleted: G:\LDC AMENDMENTS\CURRENT 50 i. Such tower is an essential service use as defined by / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA 51 subsection 2.01.03 AA.; and / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DmC 21 ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. e. Conditional uses. 1. Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in LDC section 10.08.00 and as set forth below: i. Local and suburban passenger transportation (4131, 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. ii. Gemmunipatien tewers Wireless communication facilities, as defined in LDC section 5.05.09 of this Code for essential service uses as defined by subsection 2.01.03 A.4 that exceed a height of 75 feet above grade including any antennas attached thereto. iii. The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict: i.GGFRITIURiGatiOR towers Wireless communication facilities, as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * 4. Bayshore Zoning Overlay District (BZO) Subdistricts. * * * * * * * * * * * * b. Use Categories and Table of Uses. * * * * * * * * * * * * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 I. 35 36 37 38 * 39 40 41 42 * 43 44 45 46 * 47 48 iii. Table of Uses. Table 1. Table of Uses for the BZO Subdistricts 49 Deleted: G:\LDC AMENDMENTS\CURRENT USE TYPE BZO SUBDISTRICTS / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DmC 22 1 2 3 RESIDENTIAL MIXED USE ADDITIONAL STANDARDS R1 R2 I R3 I R4 I NC I W h INFRASTRUCTURE 1) Automobile Parking Facilities CU 2 Boat Launch A 3 Essential Services P P P P P P 4 Marinas and Boatyards P P 4.02.16 C.7. 5 Transit Station 6) Wireless Telee Communication Facilityies 5 6 7 N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 8 conditions for the properties in and adjacent to the Gateway Triangle as identified by the 9 designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 10 series. 11 12 13 14 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 15 16 17 18 b. Use Categories and Table of Uses. 19 20 21 22 iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts 23 24 25 26 USE TYPE GTZO SUBDISTRICTS ADDITIONAL RESIDENTIAL I MIXED STANDARDS USE h INFRASTRUCTURE 1 Automobile Parking Facilities P 2 Boat Launch 3 Essential Services P P 4 Marinas P 5 Transit Station CU Deleted: G:\LDC AMENDMENTS\CURRENT 6) Wireless TelecCommunication CU WORK\TELECOMMUNICATION TOWER UPDATE Facilit ies (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C'.\USERS\KDERKEV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCx,23 1 2 3 # # # # # # # # # # # # # 4 5 2.03.08 - Rural Fringe Zoning Districts 6 7 A. Rural Fringe Mixed -Use District (RFMU District). 8 9 10 11 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 12 district that have been identified as being most appropriate for development and 13 to which residential development units may be transferred from RFMU sending 14 lands. Based on the evaluation of available data, RFMU receiving lands have a 15 lesser degree of environmental or listed species habitat value than RFMU sending 16 lands and generally have been disturbed through development or previous or 17 existing agricultural operations. Various incentives are employed to 18 direct development into RFMU receiving lands and away from RFMU sending 19 lands, thereby maximizing native vegetation and habitat preservation and 20 restoration. Such incentives include, but are not limited to: the TDR 21 process; clustered development; density bonus incentives; and, provisions for 22 central sewer and water. Within RFMU receiving lands, the following standards 23 shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more 24 specifically provided in an applicable PUD. 25 26 a. Outside rural villages. 27 28 29 30 (3) Allowable Uses. 31 32 33 34 (c) Conditional uses. The following uses are permissible 35 as conditional uses subject to the standards and 36 procedures established in LDC section 10.08.00. 37 38 39 40 ix. In RFMU receiving lands other than those within the 41 NBMO, earth mining and extraction. 42 43 X. Wireless communication facilities, subject to LDC 44 section 5.05.09. 45 46 47 48 b. Rural villages. Rural villages, including rural villages within the NBMO, may 49 be approved within the boundaries of RFMU receiving lands, subject to the Deleted: G:\LDC AMENDMENTS\CURRENT 50 following: WORK\TELECOMMUNICATION TOWER UPDATE 51 (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCYt24 1 (1) Allowable Uses: 2 3 4 5 (b) CONDITIONAL USES 1 through 5, 7, and 10 identified 6 in section 2.03.08A.2.a.(3)(c), when specifically identified in, 7 and approved as part of a RURAL VILLAGE PUD. 8 9 10 11 3. Neutral lands. Neutral lands have been identified for limited semi -rural 12 residential development. Available data indicates that neutral lands have a higher 13 ratio of native vegetation, and thus higher habitat values, than lands designated 14 as RFMU receiving lands, but these values do not approach those of RFMU 15 sending lands. Therefore, these lands are appropriate for limited development, if 16 such development is directed away from existing native vegetation and habitat. 17 Within neutral lands, the following standards shall apply: 18 19 a. Allowable uses. The following uses are permitted as of right: 20 21 22 23 (3) Conditional uses. The following uses are permissible as conditional 24 uses subject to the standards and procedures established in 25 LDC section 10.08.00. 26 27 28 29 (k) Earth mining and extraction and related processing. 30 31 (l) Wireless communication facilities, subject to LDC section 32 5.05.09. 33 34 35 36 4. RFMU sending lands. RFMU sending lands are those lands that have the highest 37 degree of environmental value and sensitivity and generally include 38 significant wetlands, uplands, and habitat for listed species. RFMU sending 39 lands are the principal target for preservation and conservation. Density may be 40 transferred from RFMU sending lands as provided in LDC section 2.03.07 DA.c. 41 All NRPAs within the RFMU district are also RFMU sending lands. With the 42 exception of specific provisions applicable only to NBMO neutral lands, the 43 following standards shall apply within all RFMU sending lands: 44 45 a. Allowable uses where TDR credits have not been severed. 46 47 48 49 (3) Conditional uses. Deleted: G:\LDC AMENDMENTS\CURRENT 50 WORK\TELECOMMUNICATION TOWER UPDATE 51 * * * * * (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx25 (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. (e) Wireless communication facilities, subject to LDC section 5.05.09. Allowable uses where TDR credits have been severed. (2) Conditional uses: (b) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non -environmental site development plan review procedures. Directional -drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. (c) Wireless communication facilities, subject to LDC section Deleted: G:\LDC AMENDMENTS\CURRENT 5.05.09. / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).Dm 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (ed) Conditional use approval criteria: In addition to the criteria set forth in section 10.08.00 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU sending lands: * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.09 - Open Space Zoning Districts * * * * * * * * * * * * * B. Conservation District "CON". The purpose and intent of the conservation district "CON" is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON district must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON District includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier -Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to require review of all development proposed within the CON District to ensure that the inherent value of the County's natural resources is not destroyed or unacceptably altered. The CON District corresponds to and implements the conservation land use designation on the future land use map of the Collier County GMP. C. Conditional uses. The following uses are permitted as conditional uses in the CON, subject to the standards and procedures established in LDC section 10.08.00 and further subject to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. 4. Staff housing in conjunction with safety service facilities and essential services. 5. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * Deleted: G:\LDC AMENDMENTS\CURRENT # # # # # # # # # # # # # WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx27 1 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 2 3 4 5 D. Exemptions and exclusions from design standards. 6 7 1. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building 8 Dimension Standards for Principal Uses in Base Zoning Districts do not apply to 9 infrastructure in support of the building, such as mechanical penthouses, elevator 10 shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, 11 cupolas, flagpoles, antennas, c^ I^^'I^ns towers wireless communication 12 facilities, water tanks, fire towers when operated by a branch of government, 13 ventilators, chimneys, feed storage structures, silos, windmills, airport control 14 towers, or other appurtenances placed above the roof level and not intended for 15 human occupancy or for commercial purposes as provided below: 16 17 18 # # # # # # # # # # # # # 19 20 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 21 22 23 24 H. Exceptions from public hearing requirements. The County Manager or designee may 25 administratively approve a site alteration plan or site development plan for land designated 26 ST or ACSC-ST without the public hearing otherwise required by this section if: 27 28 29 30 4. Site alteration or site development around existing ^ernrnunl^^"^^ tewe•s wireless 31 communication facilities to expand or construct accessory structures associated 32 with an already existing tewe facility, not to exceed five acres. 33 34 35 # # # # # # # # # # # # # 36 37 4.06.05 - General Landscaping Requirements 38 39 40 41 B. Landscaping requirements for industrial and commercial development. For projects 42 subject to architectural design standards, see LDC section 5.05.08 F. for related 43 provisions. 44 45 46 47 2. Wireless Ccommunication tewersfacilities. See LDC section 5.05.09 for landscape 48 requirements that are specific to wireless communication facilities. An 8-feethigh, Deleted: G:\LDC AMENDMENTS\CURRENT 49 WORK\TELECOMMUNICATION TOWER UPDATE 50 that surrounds a tower base in addition, landGGaping Fn st be IGGate d on +ti^ / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).Dm 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 # # # # # # # # # # # # # 4.08.06 - SSA Designation B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one or more Land Use Layers are removed and that are designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses not expressly identified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated. 4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix set forth below. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have Deleted: G:\LDC AMENDMENTS\CURRENT his/her land designated as an SSA determines how many of the Land Use Layers WORK\TELECOMMUNICATION TOWER UPDATE are to be removed from the designated lands. A Land Use Layer can only be (09 27-2023) ALLREVISIONSCYVIIEW\WC LDCA x C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).Dm 29 I removed in its entirety (all associated activities/land use are removed), and Layers 2 shall be removed sequentially and cumulatively in the order listed below. 3 4 5 6 b. Land Use Matrix 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Resident General Earth Recreati Agricult Agricult Agriculture Conser ial Land Conditional Mining onal ure ure - Group 2 vation, Uses Uses and Uses Group Support Restor Process 1 Uses ation ing and Uses Natural Resour ces * * * * * * * * * * * * * Wireless Essent Gcommunicati ial ons service tewefsfacilitie s (P s (P)(CU) and CU) # # # # # # # # # # # # # 5.05.09 — Comm nmeatmens Towers Wireless Communication Facilities A. Purpose and intent. The purpose and intent of this section is to regulate the sitin construction, and modification of wireless communication facilities in the unincorporated area of Collier County, to minimize adverse impacts to adjacent and nearby properties and to otherwise protect the public health, safety, and welfare, while accommodating the growing need for wireless communication services. B. Applicability. These regulations are applicable to wireless communication facilities located within the County, excluding those of a governmental entity where such facilities are utilized to provide intra-governmental communications not generally available to the public, to protect the health, safety, and welfare of the public. C. Exemptions. This LDC section shall regulate the location, construction, and modification of wireless communication facilities within the County for the following: 1. Noncommercial freestanding and structure -mounted "receive only" antennas that receive direct broadcast satellite service or video programming services via multi- Deleted: G:\LDC AMENDMENTS\CURRENT point distribution services, which are one meter or less in diameter in residential WORK\TELECOMMUNICATION TOWER UPDATE zoning districts and three meters or less in diameter in nonresidential zoning (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt30 I districts. These Antennas shall meet all other requirements of the zoning district 2 as set forth in the LDC. 3 4 2. Amateur radio antennas and any tower to support the antenna that is owned and 5 operated by a federally licensed amateur radio station operator used exclusively 6 for noncommercial purposes. 7 8 3. Any tower or antenna that is owned, operated, or licensed by the Federal Aviation 9 Administration (FAA) and used exclusively for aircraft navigation (NAVAIDS). 10 11 4. Any antenna and any tower to support the antenna, not greater than 35 feet in 12 height, and used exclusively as an accessory use to Essential Services. 13 14 5. Wireless communication facilities within County Rights -of -Way as set forth in the 15 Code of Laws and Ordinances, Chapter 110. Article V. Communications Facilities 16 in the County Rights -of -Way. 17 18 D. Definitions specific to LDC section 5.05.09. 19 20 1. Alternative Tower Structure means manmade trees, clock towers, bell towers, 21 steeples, light poles and similar alternative -design mounting structures that 22 accommodate, camouflage, minimize, or conceal the presence of wireless 23 communication facility equipment. This does not include existing structures 24 erected for another primary purpose, but which subsequently have antennas 25 attached to or located within them, without any reconstruction of the original 26 structure. 27 28 2. Antenna means a transmitting and/or receiving device mounted on a tower, 29 building, or structure and used in wireless communication services that radiates or 30 captures electromagnetic waves, digital signal, analog signals, and radio 31 frequencies. Antennas include, but are not limited to, directional antennas such as 32 panel and microwave dish antennas, omni-directional antennas such as whips. 33 radar antennas, amateur radio antennas, and satellite earth stations. 34 35 3. Rooftop or Building Mounted Facility means antennas that are attached to an 36 existing non -tower rooftop, structure, or building. The Facility includes all Support 37 Facilities regardless of where they are located with respect to the antennas. 38 39 4. Search Radius Area means the limited area certified by the provider's Radio 40 Frequency Engineer within which the proposed wireless communication facility 41 needs to be located in order to resolve the provider's coverage and/or capacity 42 issues in the surrounding area. There is not a standard numeric distance for a 43 search radius, but instead the search radius for a particular site depends on many 44 factors including, but not limited to, population to be served, geography, and 45 topography. 46 47 5. Support Facilities means any on -site or off -site building, cabinet, or equipment 48 enclosure that houses the electronics, backup power, power generators, and other 49 freestanding equipment associated with the operation of a Wireless 50 Communication Facility. 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DmC 31 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 6. Temporary Wireless Communication Facility means any tower, pole, cell-on- 2 wheels (COW), and/or tower -on -wheels antenna designed for use while a 3 permanent wireless communication facility is under construction or reconstruction, 4 for a large scale special event or conference, or during a County declared 5 emergency. 6 7 7. Tower means a structure that is designed and constructed for the purpose of 8 supporting one or more antennas, including but not limited to lattice towers, guyed 9 towers, or monopole towers. Except for the abandonment and financial 10 responsibility provisions contained in this section, the term shall not include a pole - II attached antenna. 12 13 8. Tower, Guyed means a tower supported by one or more levels of braided or 14 stranded steel guy cables that anchor to the around. 15 16 9. Tower, Lattice means a freestanding and segmentally designed with rectangular 17 or triangular base steel lattices. 18 19 10. Tower. Monopole means a single pole that can be a tubular section design or a 20 formed, tapered pole. 21 22 11. Wireless Communication Facility (INCH means any equipment or facility used to 23 provide wireless communication services and may include, but is not limited to, 24 antennas, alternative tower structures,guyed towers, lattice towers, monopoles, 25 rooftop or building mounted facilities, and support facilities. Placing a wireless 26 communication facility on an existing structure does not cause the existing 27 structure to become a wireless communication facility. 28 29 12. Wireless Communication Facility Site or Site means the tracts of real property, 30 either owned or leased, on which the wireless communication facility, support 31 facility, and related improvements are located. 32 33 13. Wireless Communication Services means any personal wireless services as 34 defined in the Federal Telecommunications Act of 1996, including but not limited 35 to cellular, personal communications services (PCS), specialized mobile radio 36 (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services 37 that currently exist or that may in the future be developed. 38 39 E. Table of allowable wireless communication facilities by zoning district. 40 41 1. Table 1. identifies the type of wireless communication facility and where it is 42 allowed, either as permitted by right (P) or by Conditional Use (CU) approval. 43 Conditional Uses shall require approval in accordance with the procedures set 44 forth in LDC section 10.08.00. The term "NP" means the tower type is not 45 permitted. 46 47 48 49 50 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).Dm 32 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX Table 1. Allowable wireless communication facilities by zoning district. Zoning District Monopole Guyed, Lattice or Alternative Rooftop or Tower Structures Building Mounted Antenna' P Agricultural E E CU2 RSF-1 NP NP CU CU RSF-2 NP NP CU CU RSF-3 NP NP CU CU RSF-4 NP NP CU CU RSF-5 NP NP CU CU RSF-6 NP NP CU CU Residential RMF-6 NP NP CU CU RMF-12 NP NP CU P RMF-16 NP NP CU P RT CU NP CU P VR CU NP CU P MH CU NP CU P Commercial_ C-1 P P — — —— P ——————- P C-2 C-3 —C--4——————— C-5 TTRVC NP P Industrial P BP Civic and Institutional P P — CF Planned Unit PUD Pursuant to the applicable PUD Ordinance Develo ment Rural Fringe RFMU CU Open Space CON CU Temporary Wireless Communication Towers may be located in all zoning districts on a temporary basis for the purposes stated in LDC section 5.05.09. D.6. 2 See LDC section 5.05.09 H. for additional standards specific to the Estates (E) zoning district. Commented [2]: Same prior comment - "Consider changing to CU as some of the C-4 zoning districts abut residential zoned properties. (Specifically see along Airport Rd S.)" 8 F. Design and development standards. 9 10 1. General standards applicable to all types of wireless communication facilities. 11 12 a. Any new WCF or modification to an existing WCF that requires both a Site Deleted: GALDC AMENDMENTS\CURRENT 13 Development Plan and building permit review may be processed WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA 14 concurrently but at the applicant's risk. / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOcx.33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 b. Setbacks. Except as otherwise specified within this section, wireless communication facilities must be setback from the rights -of -way and adjacent properties equal to the height of the tower site unless a State of Florida registered engineer submits documentation and certification the fall zone or collapse distance shall be the minimum setback from the property line and rights -of -way. In addition, wireless communication facilities must satisfy the minimum setback requirements of the zoning district as set forth in the LDC, as well as the requirements of this section. C. Security. i. All wireless communication facilities and support facilities shall be secured to prevent public access. H. Security lighting to protect on -ground facilities/equipment shall be fully shielded and directed away from neighboring properties. d. Sidewalks, bike lane, and pathway requirements. All WCF shall comply with LDC section 6.06.02, except for facilities meeting the following requirements: i. The facility is proposed to be located on a parcel that is currently undeveloped; and H. The facility is proposed to be located on a leased area that is less than 25 percent of the total parcel area. Such facilities may defer the requirements until the remainder of the parcel is developed through a Site Development Plan. e. Signage. i. Signage must be provided that includes contact information for the facility H. No commercial signs or advertising shall be allowed. / f. IEmergency backup generators. I An emergency backup generator may operated at jeach wireless communication facility site. The Site / I Development Plan shall identity the location and connection for the emergency backup generator. 1 q. Relief from dimensional standards. The purpose of this section is to I Identify the appropriate process for applicants requesting relief from certain dimensional requirements of the LDC for a proposed WCF. 1 / II/ I�, i. Relief from setbacks. / yceductionS of the required setback distances may be approved through a Variance. J �1 — / C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\fREDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DmC 34 Commented [3]: We understand the concern for wanting backup power however, for tower sites with multiple carriers this could pose day-to-day logistical issues where each carrier is required to install a backup generator. Deleted: is required to be operated on Deleted: ¶ a) Where the wireless communication facility is a permitted use by right, r Commented [4]: For consistency relief from required setback distances should be via Variance regardless of use designation (permitted or conditional) Deleted: ) Where the wireless communication facility requires a Conditional Use, reductions of the required setback distances may be approved as a deviating component through the same Conditional Use request. Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX ii. Relief from tower separation requirements. Reductions in the required separation distances may be approved through a Variance. iii. Relief from height limitations. Any WCF that is proposed to exceed the height requirements of this LDC section may be approved through a Variance_ iv. Relief from other related LDC requirements. Wireless communication facilities requesting relief from any other LDC requirement may be approved through a Variance. h. Prohibition. No equipment or materials shall be stored or parked on the site of a wireless communications facility unless used in direct support for repairs of a facility. 2. Standards applicable to all tower facilities. a. Co -location of antennas on towers. i. A tower owner shall permit other wireless communications providers to co -locate facilities on a tower if space and structural capacity exists. However, co -location requirements shall not apply to towers or structures used as power transmission poles or structures owned or operated bV Florida Power and Light or other power companies. ii. Facilities shall be constructed to accommodate the minimum number of providers required per maximum facility height requirement, as outlined in Table 2. b. Height limitations. New towers and alternative tower structures shall be subject to the height limitations outlined in Table 2. Table 2. Tower height and co -location requirements. Zoning District of Minimum Number Maximum Facility Height feet' 2 Proposed Tower of Providers to Support Agricultural One 100 Two 130 Three 185 Four 250 All other Zoning Districts One 100 Two 130 Three 185 Deleted: as a deviating component through a Conditional Use request Deleted: as a deviating component through a Conditional Use request. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be additional criterion for Conditional Use approval... 38 39 Lightning rods may exceed the height limitation provided the rods are no greater than 10 Deleted: G:\LDC AMENDMENTS\CURRENT 40 feet in length. WOMTELECOMMUNICATION TOWER UPDATE 41 / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DmC 35 1 2 3 4 5 6 7 8 9 2 A Varianceis required for any wireless communications tower or alternative tower structure Deleted: Conditional Use that does not comply with these requirements pursuant to LDC section 5.05.09 F.1.q. Deleted: permit C. Separation from off -site abutting uses. Towers shall be separated from abutting uses in conformance with the minimum distances specified in Table 3., measured from the outside of the tower base to the property line of the abutting use. Table 3. Tower Separation Requirements from Off -Site Abutting Uses All Tower Types Abutting Land Use Designation Minimum Separation Distance from Abutting Uses Residential Land Uses' or 100% of tower height 2, 3 Estates Zoned Lots All Other Land Uses 50% of tower height2 3 Temporary No restrictions None Wireless Communication Facilit ' Excludes residential land uses on Agricultural -zoned lands. 2 If an alternative tower structure is proposed, separation distances shall be reduced to 50% of tower height. 3 The Yarianceg process may be used for al2plications requesting reductions to the _ _ Deleted: Conditional minimum required separation distances in Table 3 pursuant to LDC section 5.05.09 Deleted: Use F.1•g• d. Migratory birds and other wildlife considerations. i. Wireless communication facility towers. Each new tower that will exceed a height of 75 feet (above ground), but will not exceed a height of 199 feet above natural grade, shall not be guyed. ii. Bird diverter devices. Each guyed tower greater than 75 feet in height above natural grade, shall have installed and maintained bird diverter devices on each guy wire. Habitat loss. In addition to the reauirements in Chapters 3 and 10 towers and support facilities shall be designed, sited, and constructed to minimize habitat loss within the WCF site. At such sites, road access and fencing shall be designed and located to minimize on -site and adjacent habitat fragmentation and/or disturbances. e. Design. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).Dm 36 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX i. Towers, not including alternative tower structures, shall maintain a galvanized gray finish or other approved compatible color, except as required by federal rules or regulations. f. Lighting. 8 i. No signals, lights, or illumination shall be permitted unless required 9 by the Federal Aviation Administration (FAA) or other applicable 10 authority. If lighting is required the by FAA, the alternatives chosen 11 shall be the least obtrusive to the surrounding community. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ii. Site lighting (not required by FAA) shall be elevated less than 20 feet above grade, fully shielded, and directed downward away from neighboring properties. q. Screening. Wireless communication facilities and support facilities shall be screened with landscaping and a wall, fence, or combination of both. The wall or fence shall be 100 percent opaque with a minimum height of 8 feet and maximum height of 10 feet. The wall or fence shall be designed to ensure that no unauthorized persons can access the facility. Barbed wire is not a permitted material. ii. Equipment cabinets. The overall height of ground -mounted equipment or equipment enclosure shall not exceed 12 feet. iii. Landscaping. A minimum 10-foot wide Type A buffer along the outside perimeter of the wall or fence shall be required. Tree plantings within the buffer shall be 12 feet in height at time of planting. Existina. native veaetation on the subiect site can be used to meet these screening requirements. If native vegetation is present but not dense enough to meet the requirements, supplemental landscaping must be used to meet the screening requirements. At the discretion of the County Manager or designee, some or all of these landscape buffering requirements may be displaced to a road right-of-way landscape buffer located within the parcel when it better screens the tower. h. Access and parking. Each wireless communication facility site shall have access from a paved or unpaved driveway or access easement. The driveway shall extend to an appropriate location on the premises to accommodate a vehicle to be parked at the facility for normal maintenance. One parking space shall be provided for each facility, and new towers exceeding 185 feet in height shall require a minimum of two parking Spaces. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DmC 37 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX 3. Standards applicable to all rooftop or building mounted facilities. a. Rooftop equipment shall not occupy more than 25 percent of the roof area and shall comply with the exterior building and site design standards. b. Height limitations. 8 9 i. Facilities located on a rooftop, structure, or building with a maximum 10 roofline of 20 feet or greater (measured from the average natural 11 grade) shall be permitted to have a maximum height of 20 feet 12 above the maximum roofline. 13 14 ii. Facilities located on a building or structure with a maximum roofline 15 less than 20 feet (measured from the average natural grade) shall 16 be permitted to have a maximum height equal to the height of the 17 maximum roofline. 18 19 iii. Any facility that is proposed to exceed the height requirements, as 20 provided herein, may be approved as a deviating component 21 through a Conditional Use request pursuant to LDC section 5.05.09 22 F.1.g. Distance from RSF-1 through RSF-6, and RMF-6 zoning 23 districts shall be additional criterion for Conditional Use approval. 24 25 C. Facilities shall be set back from the closest outer edge of the roof a distance 26 of not less than 10 percent of the rooftop length and width, but not less than 27 five feet. 28 29 d. Antenna structures and dish type antennas shall use camouflage 30 techniques that incorporate architectural treatment to conceal or screen 31 their presence from public view through design to unobtrusively blend in 32 aesthetically with the surrounding environment. 33 34 e. Except for antennas that cannot be seen from street level, such as panel 35 antennas on parapet walls, antennas shall not extend out beyond the 36 vertical plane of any exterior wall. 37 38 f. The design elements of the building (i.e., parapet wall, screen enclosures, 39 other mechanical equipment) shall be used to screen the wireless 40 communication facility and support facility. 41 42 q. Co -location is not required for rooftop or building mounted facilities. 43 44 G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the 45 submittal of an application for a WCF located on County -owned lands without having a 46 fully executed agreement or lease in place with the County: however, no development 47 order shall be issued bV the County until such agreement or lease has been fully executed. 48 All terms and provisions of the agreement or lease shall be in a form that is acceptable to 49 the County Attorney, including a release from the County of all liability regarding the WCF. 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).Dm 38 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 1. Height limitations for wireless communication facilities on property owned, leased, 2 or otherwise controlled by public entities, including but not limited to federal, state, 3 and/or County entities shall be as follows: 4 5 a. Facilities that are 185 feet or less in height are a permitted use by right in 6 all zoning districts. 7 8 b. Facilities that are greater than 185 feet in height shall require a Conditional 9 Use. 10 11 C. Facilities utilizing this exemption must meet all separation requirements of 12 LDC section 5.05.09 F.2.d. and Airport Overlay regulations in the LDC. 13 14 H. Wireless communication facilities in the Estates (E) Zoning District. 15 16 Wireless communication facilities are allowed on parcels designated in the Urban or Rural 17 Golden Gate Estates Sub -element in the Golden Gate Area Master Plan and are subject 18 to the following: 19 20 1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector 21 road. 22 23 2. The wireless communication services provider has provided evidence that the 24 service provider's search radius for the tower location requires placement of the 25 tower in the Estates Zoning District to meet its coverage requirements and that the 26 WCF cannot be co -located on an existing tower and provide the same quality 27 service coverage. 28 29 I. Application requirements in addition to the requirements of LDC section 10.02.00. 30 31 1. Supplemental tower application requirements. 32 33 a. Evidence from a Radio Frequency Engineer that the proposed facilities 34 cannot be installed on another structure in Collier County and shall be 35 located at the proposed site to meet coverage requirements with a 36 composite propagation study illustrating, graphically, existing, and 37 proposed coverage in industry -accepted median received signal ranges. 38 39 b. If co -location is not available, the applicant shall submit an affidavit stating 40 that the applicant made diligent efforts for permission to install or co -locate 41 the facilities on all existing support structures located within the search 42 radius for the proposed facility. The applicant shall establish in the 43 application that: they are unable to provide service at existing sites nearby; 44 no other existing structure is available (including utility poles); and that no 45 reasonable alternative technology can accommodate the facility due to one 46 or more of the following factors: 47 48 i. Insufficient height to allow the facility to function reasonably in parity 49 with similar facilities; 50 51 ii. Insufficient structural strength to support the facility; C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DmC 39 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX 2 iii. Insufficient space to allow the facility to function effectively and 3 reasonably in parity with similar equipment; 4 5 iv. Resulting electromagnetic interference which cannot reasonably be 6 corrected; 7 8 V. Unavailability of a reasonable leasing agreement l(a leasing 9 agreement is presumed reasonable if, fees and costs for sharing would exceed the 10 cost of a new communication tower amortized over a 25-year period)); and/Or _ _ , commented [5]: There needs to be some measure of 11 reasonableness otherwise planning staff and 12 yl. Other limiting factors. appointed/elected bodies are left to interpret the costs of 13 wireless telecommunication lease rates. 14 2. Supplemental rooftop Or building mounted application requirements. 15 16 a. These facilities shall require a Site Development Plan approval, pursuant 17 to LDC subsection 10.02.03 E or F. 18 19 J. Modifications and replacements. 20 21 1. Owners of existing facilities shall comply with the procedures herein to replace or 22 re -locate a facility, co -locate an antenna on a facility, or expand a wireless 23 communication facility. 24 25 2. Any increase in height requires a building permit and may only be permitted if 26 within the allowable height unless approved by Conditional Use pursuant to LDC 27 section 5.05.09 F.1.g. 28 29 K. Routine maintenance. Routine maintenance, which includes readiusting antenna heights 30 or locations and adding new antennas, shall be permitted on existing and new WCF. New 31 construction other than routine maintenance on an existing facility shall comply with the 32 requirements of this LDC section. 33 34 L. Inspections. 35 36 1. Collier County may, upon a 30-day notice to the wireless communication facility 37 owner, request to inspect any wireless communication facility to ensure its 38 structural integrity. The owner or owner's representative shall be present at all 39 times during the inspection. If the County determines that the facility fails to comply 40 with any applicable codes or standards and that such failure constitutes a danger 41 to persons or property, the owner shall receive written notice that they have 60 42 days to bring the facility into compliance with the applicable codes and standards. 43 Owner shall provide proof of compliance with written affidavit. Failure to bring the 44 facility into compliance within 60 days shall constitute cause for the removal of the 45 structure or facility at the owner's expense. 46 47 2. All guyed towers exceeding 185 feet in height shall be inspected every three years. 48 Self-supporting towers shall be inspected every five years. Each inspection shall 49 be conducted by a qualified professional engineer or other qualified professional Deleted: G:\LDC AMENDMENTS\CURRENT 50 inspector, and any inspector -recommended repairs and/or maintenance should be / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).Dm 40 completed without unnecessary delay. At a minimum, each inspection shall include the following: a. Tower structure: Including bolts, loose, or damaged members, and signs of unusual stress or vibration. 7 b. Guy wires and fittings: Check for age, strength, rust, wear, general 8 condition, and any other signs of possible failure. 9 10 C. Guy anchors and foundations: Assess for cracks in concrete, signs of 11 corrosion, erosion, movement, secure hardware, and general site 12 condition. 13 14 d. Condition of antennas, transmission lines, lighting, painting, insulators, 15 fencing, grounding, and elevator, if any. 16 17 e. For guyed towers: Tower vertical alignment and guy wire tension (both 18 required tension and present tension). 19 20 M. Abandonment. 21 22 1. Collier County may require removal of any abandoned or unused wireless 23 communications facility by the owner within 60 calendar days of confirming 24 abandonment. A WCF shall be considered abandoned if use has been 25 discontinued for 180 consecutive calendar days as determined by Collier Counter. 26 27 2. Where a WCF is abandoned but not removed within the specified timeframe, the 28 County may remove it and place a lien on the property following procedures for 29 demolition of an unsafe structure. 30 31 3. Where a WCF is utilized for other purposes, including but not limited to, lighting 32 standards and power poles it shall not be considered abandoned if still being 33 maintained in good condition. 34 35 4. Where a WCF is removed by an owner, the owner shall restore the area to as good 36 of a condition as prior to the placement of the facility, unless otherwise instructed 37 by Collier County. 38 39 40 41 limited te, tetephene teievisieR, ad•n eF PAOGF64wavp«.^ ;"'c star ^is 42 standards fGF GonStFUGtion and fadities siting; and is intended to Fninifflize, where 43 44 to damage to from towe and vegetation SGreening; avaid potential aEqaGent properties 45 faiIWFej fn maximize the of n reified new remmwRiGatieR tewe Fs and, fhn.nh., fc. wise 46 47 o:fnc; fn n fhn Appd for ;4d difienai t9wer sites; to les6en impaGts Rew ground 48 fc,WeFG U Icd have ^ ^ birds; t rnoWRted on magFatory and Other of prevent 49 , 50 51 C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).Dm 41 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX 7 2. Fneans a rado us of 6 moles from the respeGtive teweF unless a lesser 8 radius approved-. 9 10 3. Lesser e#eGtive radius means an approved radius of less than 6 miles, 11 12 4. a;(ande re the ..(:east' meaRs a f,,,—a--�weF t�. +hat GaRRE)t a66AFR.,,odate the 13 nlieant's n erd antenna o site that n e+ n o Jn+ the n nlieant's 14 tower, antenna n.d related fao:i:ties 15 16 5. 41ahle" e s that n additional tower o site o sit.. i available to 17 awe. 18 19 G. Migratory BiFdsan.d ether Wildlife GORsidGia*'ORS. 20 21 22 gFeund m retell +e..,egs intenrderd n e(s)oh n gFeun,d m ,nto J to..,or 23 that wall e e.d a height of 76 feet (above gFGWn.d)xGlusiye of antennas but ..,ill 24 RE)t exGeed a height of 199 feet above Ratural grade, exGlusive of aRteRRas, should- 25 got he guyed. If the a nlisant proposes that a Rew gFOUn.d m ,rated tower within 26 this height PaRga he guyed, the a nHsant shall have the h„r.deo of n g the 27 ReGessity of gUyi g the tower. 28 29 2. Bird nhe4er- €aG" Rew ;FeuR d m ,nte,d guyed tower installed GR GF afte 30 February 20 2004 eater then 76 feet in height ahove natural grade, xGluSiye 31 32 wore (to reduce in es to flying b4ds\ 33 34 Habitat a,d,diti n to +h rha„+ Rd 0n +e.., and 3. kla 6ess�g e�-e�er�er�ts-ire-o�,n,�eFs� ^ e�s� 35 other OR site faGilities shall be deSigRed, sited, and GORstFuGted to FR'Rimize habitat 36 lens 'thin the tower footprint � L At seh sit es, tes and a ess-and feneinn +e the °.tent 37 38 ,d(or dl, n;t, whannes 39 40 4. _s;p_GuFi; , Lig#tn,gWgen feasible, sesuF lighting - to pFe<+esten gFe d 41 fasili+ies/equip.nept shall he ide..,n shielded +e tn, +e keep such light within the 42 outermost g phi° boundariesof the tower's fee+prin+ 43 44 D . Shared use of towers. A tower w'th a height in exeess of 185 feet above natural grade 45 shall net he appFaved, unle66 the applicant demonstrates that no old or approved towe 46 47 o:llar., equipment. Ta..,ers o erd by or Ieased to aRy n+ a pt frem _FG 48 these shared useprovisions,ept as to sharing with other governments 49 50 i. For the -puFpeseofd+ ailahility for use of tGWersS_Wi+hurt+heeffeEt�e 51 radius, the appliGaRt shall GORtaGt the GWReF of all old and approved towers, w'th'i4 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt42 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX 21 22 RGFeased by s nl n elifioatien o o+her w IGh FAeaRG 184 be. sidered 23 IR de e e 'eSSeF effeG+x veradius. The aRteRRa Maa.aR ufaGtLAFcF'6 24 25 n the eif'e 26 27 3. if aR approved tower withiR the app"GaRt'S approved effeGtive radius may have 28 29 +e..,nr shell ee+ he n ele+e ..,i+hel It +he felle..,ien iefe FFAatien r arrlieo ensh 30 31 for aid towers to the extent it n n he oh+aieerl 32 33 identifioatioe of the site of ensh possibly available tower by n ordiea+en street 34 addFess er legal deserietiee is+iee , Rd +ewer height 35 36 \l1(he+her shared a by the a elionn+ of the +e..,or in rehihi+ell /or is e+ feasible\ 37 for aRyreaSOR. 38 39 If '+ ha,; heen fle+erm'n Qd that +he +ewer nwnpr Will alley., o+r e+ ral shaneec 40 .,h n+hor +ho +e..,er GaR edate the e.l e+ennn ifFPASARAMP 41 $ o+rnl r nl ehnAogne6 ar ells If n the n e"ene+ shell n e!f., What 64 1eW4 42 shames would he required and napproximation of the nests of Sash shnanes If 43 }1}eGooStS At the KeoU_ed e eG are fin�nnnornllll.!m ne+!enhle n eh +o..,er shall ho 44 deemed ailahle to the n elisae+ 45 4. The capp"GaRt Shall eem�n-opnta'Arrrr+a et the A''neF of ea Gin--pee6siblya ,aeuilablhlea ed tee,orwe 46 to request the needed infermatien Te a nhle the tGWer e r +e r ORd the 47 48 aRteRRa and eqUipMeRt. 49 50 a All output freqUa of transmitter 51 C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCx43 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX / 8 9 e Range :e feet of maximum and miRimum height of antenna above base of 10 tower. 11 12 f. A lost Of Resessary a Gillary en+ n,+ desEtypef 13 tra asminsiaa eahlo to hp e,d 14 15 9 Any ather oertieeat •nfermatien needed to enable the A r to r and 16 full to the 17 18 E. Shared use of t9weF 6'tes. A toweF with a height OR eXGe66 of 185 feet above natural grade 19 20 pFepesed te..,er ntenaas and a strue; -res o wises A-apnoct bee. leea+e,d on an 21 GORfOFFRaRg old sate or approved site situated withiR the effeGtive radius. sites ewRed by 22 any 9eyemm-epte_.r leasedtee—a y gevemmeRt—ae exempt from these shared ems' 23 PFOVOSOORS e eat to other gaVe en+s 24 25 i €*Cept-as to eachold site or approved site deters =.ed by the CO my Harrier E) 26 27 shall aontao++he o e of all other conform Rg old sites an, -I a e.d tower sites 28 29 the n ells of the a oliea Rt 30 31 2. For each such possiblyavailable tower sites e app "cads., for � a�r Row tower site 32 shall not he o nlete without the fo"GWioo inform aHon• 33 34 a IdeaHfieatiee of the e e,d a ., tower site by eeerrGnates street ad dress 35 or legal rdesorint'OR a is+ina uses, tenearanh., ands nifioan+ Rat oral 37 38 C.,i,denee that w4 Alyd and a ,ed tewer site ,.,'+hie the effeeti.,e radii n 39 GaR aGGOMmodate+he nnliean+'s needs 40 41 8 If tho 9AXAPF Af as AM tA�.,or alto ,dog got r and to the a lieaat's s oale 42 letter of interest inquiFy within thirty (30) days, r the owner of a old tower 43 s• willo+ eat land to the olieaat's needs far 44 Feasonable n e,d of time at reasonable rentals, oh old tower she shall 45 be ,deemed unavailable to the a nl'e n+ 46 47 d. The app "GaRt RE)tTeqUiFed to supply z i604erma+i +A owners f 48 GORfOFMORg old sites W oless the old site appears to he a ailahle to the 49 o"Gant by a 6harerd use plan Ar the site's a r has r en,de,d o 6iti.,el., 50 to the --a app:vant'sinitial letter Of i To e able the site r +A 51 e n d +he a nlioant shall provide the site o r (anal the oWReF of aR C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt44 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Ite.e,er en the site) with the .timensienal nharanteristinS an, -I a+her rele.,ant 2 data Ahewi+the te..,er and A er+frem a refennien Al A r Iinensed 'n 3 the State of Floridaer ether qualified expert, ,-Ion,,mentine the folloWiRg: 4 5 e tower height n,-I deSien, GIwdin teehnival ,-I na+her 6 ehinent fan+ern n A+he intPA.IP-d Rd ne lAetiAP of the n ed 7 desogR An ele.,A+ien a -Rd Arress vanes Af the +A..,Arn tr.-At. Fp. shell he 9 10 f. Total ateGapaGityf the tower, nG'ud'RA Sher and types f 11 menses An.f n e.fe 1 +rannmin sign Iin UGeReeds i GIudinA 12 13 paFkiRg n e+W A A,AteRAPAP 14 15 9. EVo dense of s+ruinturnl inteArit., of the P ed te..,er as red by the 16 building srf;+Ciall and for metal towers,asta+eme pFE)MiGiRg 17 PliAnne ..,ith +he thPA IA+es+ e.fi+ie Af the ntanllarrin published by the 18 €lestr n f„stfaas—nssec eRtiy^cr/ TI �222 ��er�c+$ 19 r f' inntienal equivalent, as , he A n.ted fer Ienal A nlivatien 20 21 3. if the site eWReF, OF E)WRer ef a tE)WeF OR the respeGtiVe site, asserts that the site 22 At appammedate the A Plinan+'n Reeds, the r en+i.,e awReF shall n vif., in 23 24 evtent infer.natien i nt anrt r.e.rremc.t in the r enti.,e tE)Wer site's a ,ed 25 fired use plaR, the site E)WReF OF to..,er E)wneF GaR refer the A nl'n nt to the 26 27 shall be brought up to date immediately by the E)WReF and the wFitteR Feply to the 28 29 or e+herwine net up to date 30 31 4. No provision on a skied use plan and lease, rneFtgage, option W PUFGhase,ease 32 entien' ntraet fer deed other vontrolline ,-loe� �ment shall n .,ide r have the 33 effent that the Site i XGI ., usie to A e (1 ) tower, unless there i good reason fer 34 GLIGh res+rin+ien A+her than the n n+iAn Af n e+i+ien A A desire A ORAlffiRatieR 35 RGt tte erate good faith If the site a hvsinally .f Ieetrivall., �P�s—F pvrcrn�y--ancrcrc rrrcrn�y 36 natihle with +he lasts llAtieAR site of nRy ether +e..,er n nh CIPA, imam shall 37 preVeRt ether towers eXGept fer reaSORs approved by the GE) ant., Manager or 38 39 . 40 41 42 e)(Gept towers that are approved to be perpetually unavailable, shall be designed to 43 s A,,A+e n+ Af A f fitiAnAl n+PPnA Gapavi+., 44 reasonably praGt'Gable. Although it is not required that a new tower be GonstruGted a 45 46 47 48 49 Rhared use plans. CAeh nhArell Plan shall he i A14A-R.d.Awdl fermat that ha.,; 50 51 SpeGnfy 'R detail to ..,hat a tent thereexists tower and/or Site nit., to C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA (09-27-20231 ALL REVISIONS CLEAN (002).DOCYt45 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt46 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX / I f. A site de4elep e"pT cnc p rnTchall be submitted fGF FeVieW Rd approval if aR 2 iR tGWer height FeqUiFeG plaGe p+ of, e ardrdi+iWn +W p+Wppa 3 4 5 5. Cilipe shared use plapc Canh approved shared use play shall he filed Rd 6 rpgprdpcl in the Offinp Wf the rellier rW nt., rle* of rewFt n r tW aRy site 7 dW.,elepmep+ plan a ,al A nGPY of+he ipi+ial shared u plan shall he filed with 8 and approved by, the Q)URt., Manager r .designee pFiGF +W R di+ienal use 9 appreval. 10 11 6. Shwed use p',ansfo; e',d-f^:rers ;;Rd nld +e..,er sites. ln;+ial sh;arQd Bep',ans and 12 arneRdMeRtS for old towers require approval of the COURty MaRageF or deSigRee. 13 Initial ;harpd plans anrd a ..rdmep+s fer elyd +WyOer sites requiFe appFeval of 14 the larr eXGept a eRdmept redLiGes site andlar apteppa n nit., 15 28 RE)RGGRfGFFRiRg. The shared use pIaR shall be immediately updated te Fef'eGt eaGh 29 GhaRge. 30 31 9. For eachT, tower with him+ in e*cess of 185 feet that is approved, hetawer 32 33 plan p+hen a government tower is approved .., to he perpetually unavailable. 34 TA +hp e..tpn+ tha++here in s'ty far ether apteppas Wn the te.yeF the plan shall 35 36 37 38 shared play R d shall he a pldeld W nh +im'-Q +he ra+Wn Are nhannerl when 39 apteppa cpaGe Ana toyier is enter} to ethers each rental agreement shall he filed 40 .,i+h +he sharer) use plan An., a n+ that n ehs +e reGeFVe p+enpa n paGe 41 far f-Awre use Est be a ,erd by the rep gyp+., Manager er desigpen 42 10. For eaGh new shared use tower site that is approved, the owner shall be required, 43 n.di+iep of a al +e file a eld shared UGe Plan p+ as +e a 44 government site that is approved to be erpetually unavailable. if therein l� lannd 45 avaffilahlp, Wn the vita +W a WGl;#P ardrdi+iepal +W..,ers anrd ;;GGeSSGFY fanili+ien 46 47 aGlGlitiWpal f-.nilities Wn +he site a+ r -.hIW rents (era FaRge of r able rents) 48 49 eR the site, the FeRt l agreemeRt shali he filled with the shared plan np., 50 51 spaGe must be approved by the GGLIRty MaRageF OF deSigR88. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt47 /rDeleted: G:\LDC AMENDMENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX 2 111. €aen-rtew +�wre.r A..,^e.r AI: site Aw' eras theGa6eFnay be,6hall agFee, as -a 3 Rdi+iop of al +A . Rd, iR .,.. ,.i+iehepsi.,e rRaRReF .�i+hip 4 thir+., (30 days) to ash entfor informatien frem petep+ial shared 5 appliGaRt. GE)Verpmep+E)WReFS Reed +A pl., ply +A Fecluests from o+her 6 geyemmeRt. Te the e.hont that n n+ and p +e .late ipfarmation pentained 7 aH appFe,ed share.. use plan the owReF may refer the a plinan++e the share,. . wise 8 pp1aan for the nfArrna+iAn If the shared use pinap ���n�rTeE rCpmpl or A+ U p to dato the shall, the ., 9 et�ierW;se e�espest',T�e��,.P,er se�-espo ;se'fR, 10 detail nh infArrnatiAp Rd shall immediately bring the shared u plan up to 11 dale 12 13 1. P. Thetal.veF A_00 e1: eF site w,er, the Gase FRay be, shall, 1, as -a PeRditieR of 14 approval, Regotiate iR good faith for shared HGe Of tGWeF SpaGe andior site spaGe 15 by a plinantn erdapne with i+n shared u plap 16 17 12, Ali n RditleRG ef appFevalTpryaFdiRqa tey.ger shall r .,ifh the A ,peKship of the +hie 18 te..,er and he hoRd!Rg A all subnequen+ A Af +he +A..,Ar All n n.li+ippn Af 19 approval regardiRg aR appreved tower site shall FUR with the Iand and be biRdiRg 20 eR all s ubneg eat am.,Rers Af the tower site 21 22 G. DeVelepm„erRt sla�ar,. f9FnatiAp tA..,eKs. 23 24 1. Except +e the extent that amateur ra.+itowtower and o Rd m n+ed antenna.,; 25 with a height po++o a ed tWeRty (20) feet, are exempted by s hsen+'on G 05 09 26 hereip RG .,+A,.,er of a , height shall he p mitten ip the DQC 1 through DCC 27 L RMC F \/D TALI T-T-RVG, Rd C ZGRlRgdistiicisHE),., potwi+hstaprd'Rg o+chef 28 29 G 05 09 r_ 7 halo.., tewern m be allewed to any height a a p..itienal use On 30 31 Gate Estates Sub Clement in the Golden Gate Area Master Plan A sites approved 32 fer a speGified BSSeRtial sepAise listed iR swbseGtiE)R 5.05.09 G.3. below. There shall 33 be n ep+ion to this s ubsention n ept for n ndi+{Anal use plina+ionn by a 34 gevemmeRt fora gevempAen+al , 35 36 2. PermittedgreuRd mounted toweFs. A- ,eKsript e*seediRg t"e-staled Maximum 37 heights are a permitted use, subjeGt to other appliGable PPOV'SiORS of this SeGtiGR, 38 4 RG161diRg n rate r en+n and shared use pFevi6i9R6. +e..,ers that a eed 39 these s dfied m .n heights requireArdainee with sea+inn 40 9.94.00. 41 a All remmpwpoal ap.. inr.��ntrial a g dintrints and 61rhan denigpa+ed aFea 42 agFOGUitural zoning d'StrintS: Any tower p to seventy five (75) feet in height 43 Is a peFmitted w6e, pFe.,ided the have Af n, -ph +ewer in n ate,. a 44 dis+anne of seventy five (75) feet from thenearest boundary with a paFGel 45 Af land pd DCC 1 th Fiaugh DCC F DNAC F C DMC 12 DMC 16DT \/D 46 NMH TTD\// r PIJD p mi++ipg six /frcsidep+ial wellipggUpmri+s 6rr'cless 47 Ap., tower that o o.n ;pA0pRty five (75) feet in height p to a height of 48 185 feet, 's a laygull JSe, pl., if permitted A o+hep.,'s provaried 'r, the 49 enti.,e g dintrin+ and the bane Af sunh tewe ra+A.l frem the 50 Rearest hA Rdary of an., p el of DQC . +h Fa gh DQC 6 D�AC 51 OTD�AC 17 D�AC 16 DT \/D �ALJ r DI II"1 Av;-sliE 7 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA (09-27-20231 ALL REVISIONS CLEAN (002).DOCx48 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX I 2 by multiplying the height of the tGWer /in feet) by a fan+or of +...o anrt ARP 3 half 25\ (The MiNFRUMratigp rlistapne is tWG and o e half M t/_\ 4 }irv.os +ho height of the teWer ) t9Wern .,high .fo no+ M o+ +ho n ration 5 requiFeMeRt m ply for a variaRGe iRordapne with sentiop 9.04.00. 6 7 b. AgF A r�wr-,i za.�i6tFiA_+o mv'i+h!R the Fural d e6innatei�i-1rea: Tewers shall �� 8 o+ o ed 250 foot in height 9 10 G. All a uitural ZGRiRg din+ripts: No tower that o ells 250 foot in hoigh} 11 eXGILISOVe, Gf a n+onna of iXed thereto shall ho allo...ort o aRy ni+o 12 GGFRpFiSiRg less thap tep (10) aGres Rder rship OF optrol 13 eXGept n nh +e..,ors n n ho a ed n a Rdi+ional si+on of Inns 14 thap tep Mn\ aGres if the plinapt n gt .with n feasibility, 15 aGqUiFe title +o eF n+rol of Ii+ahlo +o..,gr si+g of a+ loan++pn (10) n 16 p the required g phis . pity of the proposed tower site 17 18 2. €ssefit!a' cveR,mcsSpe%liried n Rdi�vrtmivra-usesi ••nnI III th reughh RSF -E�(GGpt rrr+he$CC 19 6, and RMF 6 Zopipg distrints towers may he allowed to a y height as a Rditiepal 20 u6e eR sites a ed for -. n n ti+ional on+ial n o for any of the fe"GWOp 21 22 23 all other s'rn'lar uses where a GOMMURiGatiORS tower Gould be GORsidered aR 24 aGGessE)Fy or legiGaily assoGiated use with the safety sepAGe GGRditieRai use OR the 25 26 27 he leased to a gGVeFRFReptal ept'ty, Rd the primary uses of the tower are fer 28 geveFRFReRtal purposes. 29 30 4 New tewers shall he ipstallerl oply DT ooftops OR the RMF 12 RMF 16 OR Rd 31 zoning diStFiGts, ex6ept amateUF Fadia towers with a height REA to eXGeed seventy 32 five (75) feet above the Ratural grade, and gFOURd rneWRted aRteRRas with a heigh 33 RGt ton ed +...on+.. (20) feet above the natural grade aFe permilted within these 34 +t. 35 36 37 38 the a1�de ORGIudiRg n+onnas Affixed +herete be nllewe-cl as a 39 �i $Q •amAi+h' tTn +hn'-;P- -o.�d iGtFiGts. The height of nh ele 40 nation +o...or Shall ho H.Mi+961 +o +ho hoigh+ ReGe6GaFy for 4'; IISP At i+n 41 lesatoAn 42 43 6. Rem touters n+eRRa str„n+„ren .Ad aAtP_AAas: 44 45 a RE)Oftgp teWeFn n+onna ntrU G Iron Rd an+gnnan a gMPNed in all ZeRing 46 .J'str: nts a ept the DCC 1 through DCC 6, RMF F p.-I C ZGRlRg .-1'str: nts 47 48 b. Rooftop towers, aRte,,RRa struGtures, .,r,�,—�,d �,,RterRas are, as spes.:.'ed, 49 subjeGt to the fGIIG iRg• 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt49 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 I Permitted uses. Rooftop antes s+rue+ures ape+ antennas a 2 mi++ed use p +e a height ef+..,en+., (20) feet nheye +ho m 3 eefline pro.tided the height of the maximurn eeflin^ is twee+., (20) 4 #ee# ^ nheVe the aVeFage n��lln If +hn MAX 5 eefline is less than twee+.. Mh\ feet above the aVeFage at iral 6 ads aH ptennn ^+.,,^+..re nndie n+eppa i a PeRmi++ed , Se Up 7 to a height that equals the di^+nnee from +hen n+� �rnl grade 8 to the maximum eefline. For example, if the dis+nnoe from the 9 ge a lrnl grade +e the m FALIMn+ ef+he reefline in fifteen 10 (15) fnn+ an antenna s+rUe+Ure and/or antenna i a peFfitted use 11 up +e a height of fifteen (15) fnn+ ahe.,e +ho m ooflinn An.. 12 aRteRRa stri ie+ur^ tower, or n+enna that ^ eds its permitted use 13 heightas pFeyided herein shall FeqUiFe nditiennl LIGe appFeVnl 14 and the maximurn allowable height of the stn Weft Wr^ tE)Wer nd all 15 n+ennn^ shall he determined i eh n eifie GaSPni^+nne^ from 16 DQC 1 through DQC R nd RMF 6 Z g dis+riets shall be " 17 $A-Rsid2Ka+ie-R OR ddeteFH�y ,,,^lley hlez height aff FaefteP 18 fe^m I+eT 19 20 II. Tewern and nn+^nnn s+r--A+, erns ;hall he net heel. from +he elseen+ 21 euter edge of the roof a distance of net less than ten (10) p pt 22 of the reef+ep length and width h-A net less than five (5) feet Of the 23 aRteRRa e n f Une+ien at the r WIting leea+ien 24 25 IFI Ant^nnn struGtures nd dish type nteems shall be n rated to make 26 them 61RONFUSiVA-9 27 28 V. FxGep+ for antennas that a o+ be Seen from street level eh a 29 paRel antennas a pet walls, p+ennns shall net 19xtend e„+ 30 be.,end the vertical plan of aRy exterior wall 31 32 V. Where+eehnieally feasible, dish type antennas shall beg ns+n Ie+ed 33 of epen es.h de ign 34 35 vi. Where feasible +hedc�n eleMeRtSef the h� �ildine. (i.e., parapet 36 Wall 6GFeen GIG6Ures ether meehaniealequipment) shall be 37 used +e SGFeeR the ^ ea+iens tewer, Str„et„re nd antennae 38 39 Tho b6 iilding apd re.e.f shall be pable of supporting the roof_ 40 p+ed an+gnnn ^+r„e+„re pd +eWer 41 I. Plc—e.to�ep Shall beGeasidP-M-d a-#e .e..,e1.�+e This. +inn gees. net 42 sharing of any FE)Gft0p, rooftop tower, antenna 43 ^try+„, 44 45 7. \l1/i+h the e ep+ien of reef+ep +eWW6 and +^..,ors an en+inl n sites, eh 46 . 47 48 a Cash Re., tower that a eeds 185 feet in height shall he legated net less 49 than +..,e and ene half (2.5) times the height of the- WyOpr frem all oer -I Deleted: G:\LDC AMENDMENTS\CURRENT 50 +hr^„gh DCC aDC F g di^trig+^ inel PIJD ,., ding oIn here +h^ WORK\TELECOMMUNICATION TOWER UPDATE 6 51 adia^^nt s^/, Rd�Ai or Gornparable to, the oer 4 throughr oe6 and (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCx50 8 b. In addition' aeh s eh new tower that e..eeeds a height of seventy five (75) 9 feet, I�eifGruding--a RtenRas, shall be Sepa Fated free all hi.iindarinn�f 10 surrounding property zoned RMF 12 RMF 16C RT VR NALJ TTRVG, LI 11 -and the r sideRtial areas; of 12I Ills with existing a planned densities g eater 12 than .. (6) Units per e by no+ less than the total height of the tower 13 0 Rdwdinq its nn+ennnn; and frnrr, all ether ni urreuRd!nn n ..r+., hw Rdwien 14 by a distance not less than o e half (1/_) the height of the tower anal its 15 aRtenRas, r +he +e..,er's eertifie,d eellanse a hishe.,er rdin+apse i 16 greater. 17 18 +a..,ers in the Estate /C\ a g .d's+r'e+ shall be separated 19 frem residentially e.d properties as follows• 20 21 I Ale,., towers up to 76 feet in height shall he Iona+e,-I no+ less than the 22 tetal height of the te..,er and an+en s f-Am all r 6i.dnn+iall., a er! 23 eS. 24 25 H Ale,., +o,.,ers ever 75 feet in height shall he IE)Gate.d no+ less than h.,o 26 and o e half times the height of the tower anal antennas r the 27 Gertified ollanse area, ..,hishe.,er rlist.-.noe as eater, from all 28 resideRtially zoRe,d n ernes 29 30 8. All OWRBFS of approved towers are i tl., and severally liable anr� �lefoor r-a;�rer e-fc�.�,y-a^� �-^g�. espc�:= 31 any ,damage a ed to off site n erty as a result of a eellanse of any tower 32 ef'by them. 33 34 9. RaGeeRt ef��ereonethan site iSpreferre,d and a ged,, 35 and may be permitted, 36 ents a .neta6 tee et. +o..,er s+. -eh ores .n he Ie ,d Gatethat all setba&S, n elese to gash 37 38 39 failsGF .,ill net othwwise present a eatable rick to aRy ether +ei.,er en the 40 SftGiIt s#k I16'e the PeIiGy gf the r96In+., to make 114nhl9 rg''n+., g ed land 41 a'lable for towers and ancillary fas'I'+'e at r able rents 42 43 44 45 fer the r eeti.,e a g distrie+ shall net i eIwide effigies leng 46 teFFnyehiGle storage, outdoor ,gage, brga.d,.ast studies a en+ for teMpOrar., 47 emeFgenGy pwFpases, 9F ether strueh,res ansl/er s that are et needed to s n,d 48 or reGeove +rans...issions and in Re e Vent shall s ush uses e e oee.d tWeo+., five MG\ 49 nergen+ of the floor are .d sefor +raRSFRiSSien orre al Deleted: G:\LDC AMENDMENTS\CURRENT g+iens Transw issien equipment shall be a..tg . ate doention a anent an+en+ / WORK\TELECOMMUNICATION TOWER UPDATE SO f n gau., feasible +e temp. +raffle d eonge�han \' to the greatest the a siteabuts, a (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA 51. / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOcx.51 11 II +..�T.�e.exGeed'Rg185 feet O height, a FROROFRUFRof tWE) (2) 6 PaFkiRg npaGe6 shall he . Vided a nh ni+a An additieaal Pa.Liaa n e far 7 nh +...e (2) eleyeen shall be pFeVided at fanil4098; ...hinhFequ!Feni+e 8 personnel. FaGilities whiGh do not require an site peFSORRel may utilize iMpeWiGUS 9 "^ 10 11 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx52 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE WCF LDCA (09-27-20231 ALL REVISIONS CLEAN (002).DOCx53 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCx54 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX / 12 b. Mile�rrLer 92.6T€yerglades Blvd) The height shall f e.,eeed 250 feet, 13 RGIuding antennas, 14 15 ( The n to of a inting Cf1P1T to...or Ionatorl on State Rear) 29 The height 16 shall note ed 310 feet, nl r1'n Rte.,RaS; 17 18 d. The sage# -an existiR9,�nn�te..,er legated at mile, raarke62 2 at the 1 75 19 Rest Area If wall r .Jane a e isting tower lonate.d on the north side of I 75 20 at mil. arker 63.3. The height shall of o e d PRO feet nl Jing 21 a to RaT 22 23 a Canh tower shall hen nstn rote.-) with a n:ty to n vide for a FRdROFRUFR 24 of four /n\ toeight (8) GO users, iRGIu•ding Florida�� DepartmeRt Of 25 Transportation /"FDOT"\ the U.S. Fish anal Wildlife Sendne /"FWS"\ the 26 Nla+iopal Dark Senrine ("AIDS")the Departmep+ of CorestFy /"nnC"\ R d 27 rer mty a e e , where p an+inal 28 29 p. €aGh�rewer shall he rAR,;tF-,At+ed er.innnn with thi. st as __drds and 30 31 as expressly provided othemiso in this sention 32 33 3. Minimum yard requirements. There shall he n minimum and requirement for 34 35 hen ptaiperl withip the 1 75 right of way, Rd eanh proposed tower must m :n+aip 36 a sepaFatmeR idintanno frem all adianent residential n erty Imes equal +e o e half 37 /'I/1 of the tow -is height o.o -qua1 to a Florida professiopal a ee ertifie.d 38 ollapso n a /fall , e\ ...hinheyer i eater 9F a Wien. Zane is maintained An 39 adjoining property by a use easement appGnahle to suah arGoining property owner. 40 ha itahleFpc;!deAtial Ar PAR sr..,;ifJPAtiAI StF GWFe AGILI ding effinen shall he 41 . 42 43 ;. neGess. PhySiGal aGGess to each fewer site shall bens approved by FDOT, 44 45 5. Parking. c ffn en+ uRpaved shall be provided g adjacent to eaAh-WiveF 46 site to odate temporary aFkipg for o e /1 \ .°Male for SeFViGiRg OF 47 maiRtaiHiRg then atien te..,er 48 49 6 I nnrdnnape h6 i4er n Ianrdsnape h6 i#p-r a loan than ten (10) feet wide ..,ith trees 50 plapte l fi.iep+. f.ye /75\ feet OR epter shall he .developed and m ip+ainerd a p.d 51 +he pe meter of eanh tower site anal other relater) a ep+ structures, n.d C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOcx.55 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX / 8 7. A site develops plan and GensEwGtien ^marts shall a submitted to the Count 9 Mapager eF designee fer review and n alp er ten nstwWt'ep of aRy s Gh 10 tower. No Whanges additions, or alterations may he made to a approved site 11 de.,ele p+ plap pets n+'ep plans fer aRy IWh +ewer withee+ GeuRt., 12 approval. 13 14 8. Tower lightiRg. in addition to the requ'FeMeRtS for tower lights SpeGified 'R SeGtion 15 G nG na Wf this Gede +eWers legated in the Bog Gypress Preserve aR l the Clerid 16 PaRther Nat'GRal Wildlife Preserve shall be lighted in aGGE)PdanGe with the USFVVS 17 Uidapee 6 ,step. r Rts fer tower I'gh+iRg 18 19 -9. Nefi.�r'thstanding aRy etherPFOV'S'GRe�rthis Cede, patwith�d'ng the 20 underlying zoning eff thes6p�.,{i+e.. e- „i ieGt +e the fellewina the 21 22 suGh f tL Ire faeili+ins a IaWf I USe6, Of legated within the WW pfipes of the 1 75 Fight 23 of ,. east of the Alligater Alley tell booth to the eastern bE)UR-lan, of Collier 24 SeURty. 25 26 27 wheRever the tower is to eXGeed a height of twenty (20) feet. Towers that are to be 28 tWeety Mh\ feet or less ie height require my huildiRg permit approval from the 29 Seat -sty: 30 31 a As all eh fadi+ies Est he IWWated ..,'thin the 175 right of way, the 32 fasili+ies must he suh'eWt to approval from the GWReF of that right of way, 33 0 nduding Wh n ndi+ions a may her red by that owner. The owner Wf 34 said right of way is the State of Rerida by Rd three ugh the Clerida 35 nepart.nent of TwSpertat'ee 36 37 b. The fadlitiesMast hone ,,pedby,, or leased to a gOVKRmeRtal er,tit.,. The 38 Wf thW fae'I't'es shall he n ntal 12FWAtW Wf 39 thefaei�ities Of a shall always he i sidental -and. subordinate tW the 40 RtaI , 41 42 G. Notwithstanding any ether p WW+ion 5.05.09, the fadities shall 43 he s� �h'e W+ to the teyOer sha.. Ag r en+s of session nG 09 'f +hW tower 44 s to W ed a height of 120 feet, unless the tower is monopole. If the 45 te..,er is +W he L16ed eply fer W Wntal the tGWer Reed he shared 46 GRIY with other g eetal entities If the tower is to he o ed by aR 47 Ateppa ' pller n p+rel of a n+ale Rt of +he +ewer and i 48 to be used for a y RGR eRtaI use(s), the tower —sham g 49 p+s that apply +e ReR ept W p+s shall he adhWred to 50 as a prerequisite to GGGLApaRGY of the tower. 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOcx,56 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX I 2 septle.p 5.05.09, the feliewing provisions shall apply to GommuRiGatleRS tewers that previde 3 WiFeIeGS e e .. telephope s 4 5 These fadiat,ns are eSSe.,+vial se vices, 6 7 8 Of�n emboldened RetieeOR acover Ie++nr OF OR the first page of the permit 9 plivatien substantially as fellows: This App#Ga6ep i& .,h:en+ to +hn 10 +;mel;nes s n:f:ed :n Chapter 365.172, Florida Statutes. 11 12 3. App!'GaRtS for these PeFMitS Reed RE)t provide staff with evideRGe that a proposed 13 14 require from suGh appliGaRt PFEK)f Of PFOPeF FCC "GeRsure, and staff may request 15 the FQG t9 FeT,Qeinfnr +inn as the previaeFGompiiaMe with fe�P-.F;al 16 regulatiORS +o the e..teo+ then authorized by federal la.. The CGURt.. has RG 17 18 te be IaGated) eR pFepeFty awned by the State ef F=19F'da, 'nG!ud*Rg State owned 19 rights of way. 20 40 41 te... i P. -FQw -anm�ote CC '265 172 richStatutes, he �. Pleav e�s�r an el�.sr esti^^ ale 42 County shall a n+ OF deny a plieation estina laeation of a new recess 43 4eleph e +e...er'r far lance+ian of antenna/s\ far reins teiephene 44 of later then ninety (90) business days after the date that a piination 45 that fully a plies with the r ents of this ses+inn F nG 09 i � �hmitterl 46 provided the theR eXiStiRg ZOR'Rg app"Gable to the proposed site allows the E91 1 47 fapiii+ies ...i+he i+ Reed ter a the need ten ply far vanditianal al 48 other required proGedures. Provided furtheF that nothing heFein shall affeGt peFrni 49 50 o.d/or land .development regulations (indu dine aes+he+io re eats)or with 51 . C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DmC 57 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 2 S-1-IffiGiERGY a+inn Within t..,ent., (20) bwsi days of FEGEiViHg the 3 app"Gat'E)R fE)F aRy faGility listed above 'R paragraphs (4) and (5) above, PeFFmi+ staff shall 4 4 R wFitoRg ne+if., the permit n ..linen+ ..,he+her +he n alma+inn i e+ 5 6 Kef}c#er the nlinatien h eia9--�pePI.eEed�fr- C+nf s#�I1,Isez !1 +if., the 8 app"Gant whether the app"Gable zening GlassifiGatiOR allows the applied for use(s) 9 .,i+haH+ n Rditiennl u appFeval, eF .,i+heu h n ether related 10 anGiIIaFy approval PFE)Gess or permission. 11 12 7. Default approval. 13 14 a AR a mina+inn for E91 4 e lonatien of ..fireless telephone 15 ., Ienntian far..,ire lass +a lephe 6eFYnn+ennne nhn11 ha .fnmm�.f 16 to have been au domatinall., a p4ed provided that- 17 18 GeFViGe r fnnilit., i n11e..,ed in the n nlinnhle zeRiRg distrini 19 .,hheu A a y u i4heA the Reed to apply fora p.4itiepal 20 .,ithe1It +ha n art+a apply ferneMG ether n mi+; 21 22 The Gewn+., fails +e either grant eF den., the applied far per.v.i+..,ithin 23 the time frames set forth paragraphs (4) and (5) above 24 appl+eable; and 25 26 IH The a plinap4 has pot agreed 4o a extension of timeas provided 27 . 28 29 b. Hel.yeye-F, the applied ferr peFmit shall Rote+ be deemed if fine an+ien 30 requires an4iep by the BGG but s nh an+ion is prevep4ed rL Ue to e 31 GGRditions he.,enrl the Coy ant. ,'s nantral In n nh inntanna the lima fer final 32 an4i9p eR the plinatiep shall he ex4e Rderl RN the ex4 Fegularl., 33 $Ehe`!,_,cdulca-rrerl meeting of the Q.-c,-,ovw—rrtThe permit Y+hat shall bedeemedto be granted 34 �f the BGG fails to take final an+ien a't times 35 36 37 Ret be effeGtive exGept to the eXteRt VGIURtarily agreed to by the permit appliGaRt. 38 Alarra.., n ep+ie..; n e time timeline viaffive.r may be required if there then exists 39 an emergeRGy that d'renth, affento the administration of all of the f nun+.,'c 40 nniiens te..,er n mit+inn nn+i.,i+ie .,high hell haen farmed., denlared h., 41 the Gee ant., by the State of Cleri.ln r by the federal g eni 42 43 # # # # # # # # # # # # # C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOcx,58 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX /